The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-11-14
CITY ATTORNEY AND COMPTROLLER
CLASH IN CONFERENCE COM
NIITTEE ARENA
FIRE DEPARTMENT HELPED
More Money Is Set Apart for Its Use
School Finances Are to
He Considered
Today. 4t.~s4

mate ought to be returned to the comp
troller to be revised until it answers the
requirements Of the new charter.
The comptroller replied that he had
prepared the estimate according to his
of the charter, and The
conference committee was free to 90
whatever they want to with it
The prime difference, among many
others. between the, two officials appears
to be that the comptroller has esti-
mated the Judgment fund necessary for
next year at $685. O2.31. Mr. Markham
was startled, he says, when he read in
the morning paper that such was the
amount. He declares that al most the
total should have been less than $1,000,
and that if the comptroller had properly
perrofmed the duties of his Office the
amounts would all have been paid and
balance of $500 left in the judgment
fund Of this year. The great. bulk of the
estimated ,0G0 is admittedly money due
on contracts for public improvements,
for which the assessed property has
failed to bear its portion of the expense.
The land has then been put up at auc-
ton, but in the majority Of cases there
has failed to realize anything. To date
the deficiency, together with interest at
6 per cent, amounts to 500, 405.
Attorney Markham is of the opinion
that this amount ought to remain against
the property and the contractor receive
his pay only when the money is finally
collected. Mr.. McCardy holds that the
contracts, having been approved by the
common council, and the work. accepted,
the city is liable. and that the amount
may be collected from the city, ire
spective of the fact that the city has
not yet collected the money from the
benefited property. For this reason, he
says, he has included the amount in the
judgment fund, as a possible part Of the
city's expense next year
Mr.. Markham also enters objection to
items aggregating $8,66771, being placed
in the judgment fund @or any tax levy
being made to meet them. He says the
amount, which includes the increased
appraisement Of the Phalen park prop
erty by the courts, should be charged
against the fund of the park board. Mr.
McCaTdy says that in his files he has
transcripts Of the judgment ordered in
those cases, and therefore he included
the amount in the estimate.
Mr.. Markham further protests the esti-
mate has not been prepared in the form
prescribed by the new charter. In the
estimate Of the comptroller, presented
in yesterdays issue of the G e, it
will be noticed that after each specific
amount which that particular depart
ment will get from outside sources
After the deductions have been made
the remainders have been footed to
give the amount which 1t will be neces-
sary to raise by actual taxation. Mr.
Markham contends that the comptroller
has overstepped his duty, declaring that
the new charter simply calls on that Of
fetal to present an estimate of the ex-
L sla1NO ~
mAnts, irrespective of the receipts from
miscellaneous sources.
( Mr.. Markham admits, however, that 1t
might be well on the, part. of the comp
troller to suggest In a separate state
ment the receipts from miscellaneous
sources. The comptroller declares that
the terms miscellaneous receipts and
general fund" are one and the same
fund, and that his estimate, making al
lowance in each department for funds
to be raised from the general fund" Is
in accordance with the charter.
DID NOT REFUSE AN OPINION.
But the most highly favored portion Of
the controversy was the fat denial Of the
city attorney that:he had ever refused an
opinion to any department of the city
government. He pointed out the state
ment of Mr.. McCardy, made at the for
mer session Of the conference committee,
that the members of the library board
had asked the corporation attorney for
an opinion on the legality of the $61, 600
Indebtedness, which was incurred in re-
modelling the old market building, and
that the members Of the library board
had been refused an answer.
Mr. McCardy called the attention Of
the committee to the fact that Mr. Sey-
mour, also of the library board, had corr
10. IL
ham desired to call Mr.. e. A. Young in
evidence of his assertion, that the library
board had simply requested that he fur
nish the comptroller with an opinion on
the subject, and had refused to do SO
until the comptroller had asked his adj
vice. Mr.. Markham declared that his
department was not running around Civ
ing opinions where they had not been
asked.
RETORT BARELY COURTEOUS.
Mr. McCardy took occasion to remark
that he had not asked for the opinion,
because he did not want it.
Mr.. Markham said perhaps it would
have been better if he had. requested the
advice of the cttys legal department on
legal questions.
Mr. McCardy remarked that he had
had enough of their opinions in the past.
Mr. Markham admitted tsmust be so,
as his department had often found it
necessary to eXtricate Mr.. McGardy from
duemmas
And so the war of words waged
The discussions wound. up without any
tangible results, Mr.. Markham still aver
ring that the@estimate ought to be re-
turned to the comptroller for revision in
conformity with the provisions of the
new charter.
Mr. McCardy declared that whatever
might be its faults, the estimate lay be-
fore them for action. He moved the con-
sideration of the various items in their
order of notation. The motion carried
On the recommendation of ATTORNEY
Griggs the deductions from the various
funds were made to read LESS miscel-
laneous receipts" instead of 'less
amount to be paid from general fund.-
The first item, fixing the interest fund
estimate at $685. $50, was adopted. The CITY
legal department predicts that the esti-
mate Will have to be made a second time,
as the amount approved was an estima te
Of the net expense. of that fund and not
the total expense.
The tax estimate for the police fund
at $150,000; the lighting fund at $50 Q56:
the sinking fund at $4,000, and the board
of control fund at s20,000 We're adopted
without comment.
FIRE BOARD ASKS MORE.
Kenneth Clark. of the fire board, asked
that the apportionment for the fire de
partment, which. was. placed at $500, 900
be raised to S2l5,060 He declared tina
otherwise the department. Menld. find il
necessary to close up two fire engine
houses. He left the matter to tile judg.
ment of the conference committee Ills
motion prevailed without discussion
Tn an incidental way the point was
raised by Mr.. Wheelock- whether =
fund remaining to~>tne. credit of the var.
ious departments at the end of this veal
would be applied as a balance TOWARD
next years expenditures Mr.. McCard,
replied that under the old charter suci
balances had remained to the credit Of
the fund, but they had never been n
piled to maintenance purposes. as in tha-
case the Lw fixing the limit OF mona,