The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-12-08
Talk OF QUD NARRANIO
BUT NO ONE HAS THE COURAGE
To START PROCEED
INGS
MERELY AN IDLE oUIBBLE
Ambrose Tighe Says No Judge
Would Attempt to ThNart
the Decision OF the
Electorate.

Cooks friends would like to gee the pres
ent regime overthroWn.
No one as yet has been found with suf-
fcient nerve or money to back up the pro-
posed proceedings, and the matter may
die for this want of proper nourishment.
The discrepancy in the city charter in
its provisions for the care of The admins
tration elected last spring is confirmed
by no less authority than Mr.. Ambrose
Tighe, one of the trainers OF the char
ter, but he looks lightly on any effort
that might be done to make capital from
it. Said Mr.. Tighe yesterday:
This discrepancy which, to say the
least, is an odd one, and yet not a joking
matter, was first discovered by me last
August, when l was retained by Mr..
Haliam to assist him in the police cases.
Being conversant with the charter to the
extent of assisting in the framing of the
financial part Of it, 1 took upon myself
the work of going through it TO see II
anything could not be found that would
assist us in these particular cases. This
section now so prominently before the
public in which the legal status of the
administration is questioned, was found
without much difficulty, and l at once
conveyed the discovery to Mr.. Hallam,
but after some discussion we concluded
it would have no bearing in our case and
dropped it.
Seeing that it was point that might
be liable to make trouble, we concluded to
keep the matter to ourselves, but in some
manner it seems to have become pubic
property, and now proceedings seem to
be on the eve Of contamination.
HOW THE ERROR CAME.
''In framing the charter the work real
ly devolved on four of us, each taking
upon himself certain part of the work,
later Incorporating the whole In franz
ing the present charter much of the act
that was repudiated in '9S by the tax
payers was used, in some cases entire
sections, and it is from this that I think
the error came. In the previous charter
provision was made for such an emer-
gency as this, sufficient time being made to
intervene between the time the cnarter
was adopted until it went into effect,
which would make it's provisions manda-
tory the day after the incoming officials
were inaUgurated This was in SO, but in
its incorporation in the present charter
there is naturally a clash of dates, with
the thirty days expiring before they take
their offices, instead of after. as intended.
There is excellent chance for a legal
controversy in this apparently iT1s:gnif-
cant matter, but 1 have grave doubts
as to the successful outcome, so far as
ousting the administration is concerned.
Rather than create endless complications
and litigation, from which no good would
come, any judge before whom it would
be brought would strain point rather
than overthrow the will of the people. 1t
is a peculiar question, and oNe [ had
hoped would remain in hiding. Some point
might be raised to overthrow the conten-
tons, but in my search of the charter I
have failed to find it,
WOULD FREEZE KIEFER OUT.
One matter that is creating friction is
the desire Of the Republican promoters of
the scheme to deprive of its benefits
some of those who would in the n%tural
course OF events be its beneficfaries.
Foremost of these is former Mayor K1e-
fer The proposition to reHIstall him
has brought down about the ears of the
fathers Of the legal bubble the vigorous
ABUSE Of the evening Republican organ
which is only partially appeased by the
assurance of the promoters that perhaps
h1efer would not be restored to power.
but that the council would meet and elect
a new mayor.
Another reason that is causing the Re-
publicans to falter is that, While thew
might be able to save the head of Fire
Chief Cook, the inimcal members of the
ire board not having been appointed vet.
eminent legal lights in their own partv
nave suggested that the courts would be
apt to sustain the present police commits
sion, as the appointments were made nv
the de facto, if not the de jure, mayor.
and would stand even if the mayor were
to be unseated now.
EXPLAINS THE MOTIVE.
Ever since it became known that with
the close of the year Mayor Smith would
reorganize the fire board to the extent
OF naming three new members with the
G-IITf h IL
present head of the fire department
every known expedient to head off the
impending calamity has been inquired
into. The latest, and which has been
grasped at with ayidity, is an alleged
complication in the new charter which
provides for the holding of the first CITY
election in May of 1902 When Mavor
Smith and the present city officials were
elected the new charter was not in force
and did not become so until within
few days of the time when the tenure
of their office became, apparently, opera
tive This nice little point is now
raised by a few disgruntled officeseek-
ers, their contention being that under
the charter the old officers should have
held over until 1902.
While there is a horde of officeseekers
who would welcome a return to their
old positions Of ease and a fat salary
the principal backing to the movement
comes from Chief Cook and his friends
who see in the retention of the present
executive an elimination of power and
retirement from public life
Cook, since his late fracas with Pa
trolman Hennessy and the proceedings
in court, has become aware that his re-
tention of the important office he now
holds is highly improbable His alb
sence from the terrible Transfer fire, in
which five brave men gave up their
lives, has also aroused considerable
criticism and has conspicuously de-
tracted from any civil service plea that
might be extended in his behalf
ORIGIN OF THE ATTACK.
This is the spirit that actuates the
attack on the present city administra-
ton, but no one, not even the parties
interested, give it serious consideration
to the extent of believing that the point
will be sustained in law.
EX-Mayor Kiefer, it is understood, has
been importuned to take the initiative
in the matter, but refuses, giving it his
belief that the whole thing will come to
naugtht. At the inaugural ceremonies
attending the entrance of Mayor Smith
Mr.. Kiefer surrendered all rights to the
Office, likewise those who composed the
balance of his administration and whose
terms had expired.
1.-THE point raised is a delicate one.'
said an attorney yesterday, land those
interested 1 suppose find comfort in sew
eral favorable supreme court decisions
that have been handed down in other
states where similar complications ex-
listed, but L hardly think the administra-
ton will be disturbed. The present adj
ministration has been in some months,
many important and legal acts have
been contaminated under their direction,
and to GUST them would entail endless
complications. Any one department
might be thus attacked and recover, but