The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-10-04
THEY HIVE FULL POWER
POLICE COMMISSIONERS NOT RE-
CURED TO CONSULT THE
CITY COUNCIL
ATTORNEYS OPINION
He Claims That the New Charter
Gives the Commissioners Jur1s-
dictiOn to Pass Pay Roll With
out Consulting Council.

The police commission met late yester-
day afternoon. Corporation Attorney
Markham was present and rendered an
opinion on the question of sending the
monthly pay roll of the police depart
ment to the council for approval The
corporation attorney sustained in every
particular all the contentious made by
the commission regarding their exclusive
rights In police department matters.
The opinion was something of q sur
prise to the members Of the commission,
owing to the stand which had been taken
by the city legal department when the
question was up before the council COM
mittee.
In the matter of the appointment Of
sealer Of weights and measures the cor
poratio attorney held that the commits
sion did not have power to appoint any
one under that title and that those
outles belonged to the province of the
market master elected by the council
however, 1t was informally ihfimated by
the attorney In reply to questions of the
members Of the commission that there
was nothing to prevent the commission
from engaging additional help and then
detailing the man to watch the sealer
of weights and measures" as one of the
commissioners aptlly expressed the stu
alton. It seems certain that Frank Wer-
ner will be detailed for that position
The pay roll, carrying $13, $780, was ap-
proved by the commission and will be
sent to the comptroller In all probable
tty he will strike out the name of Frank
Werner from the list as "sealer of
weights and measures" Immediately the
roll is returned with the name stricken
the commission will engage Werner as
an officer and detail him to see that the
market master keeps the weights in good
shape.
Attorney Markham's opinion covering
the much disputed right of the police
commission is as follows:
In response to your inquiry as to
whether it is essential and necessary
mat various items of expense incurred
In the operation of the police depart
ment including, the salaries of officers
before payment, be submitted to the
council for approval, I have the honor
TO advise you that such action is not
charter creating a board of police COM
m1sSloners and Vesting in this board the
compensation. management and con-
poo1 " anu 1urlner provides that the
BOARD shall fix the compensation of ali
the members of the department., exceDt
the chief of police, and shall otherwise
manage and control it's receipts, dis
oursements and expenditures. The act
aISo provides for the election of a Dresf
gent, vice president and secretary of tho
Dord, and further provided that tha
CITY comptroller and the city trea s1ireT
snail De ex ofhcio treasurer and comm
Lroller, respectively of the board of no.
nee commissioners. It is made the di1tv
OF the comptroller to keep accurate and
detailed accounts of all receipts and eV
nendltures of the board, to courtersio-n.
al contracts and all warrants and On
GERS drawn upon the treasurer by on
thor!ty on the board, all of which CON
tracts,- warrants or orders shall first be
signed by the president and secretary Of
Inc board. l am of the opinion that fra
uuty OF the common council with refer
ehce TO the finances Of the police de-
partment ends when it makes its annual
appropriation fixing and establishing fha
aggregate amount to be expended in the
maintenance of the department for anV
one year. i think the correct and -orderIy
{ Inethod OF procedure is to have the nay
agilss3 as submitted and certified by the
CLleL OF police, examined and audited
~ m, the nrst instance, by the comptroIleT,
Inc BOARD should then pass a. formal
Ieso4utlon approving the rolls and direct
1 41g me execution of the proper warrants
o - PAYMENT. l enclose herewith a form
recommends tfon.'' "A'n lhlS