The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-07-24
DR.. AMES IS
NOT MAYOR
City Attorney Rules He Has
No Authority While
Away.
Fred Ames' Return Predicted
for Monday What His
Indictment Charges.

-
Mayor Ames, while in measure d.
recting the operations of the police de-
part ment from. his retreat at West Ba-
den. Ind, and, in law, still chief execu-
tive of the city, is not the de facto mayor
and cannot have the privilege of exer-
cising the functions of the Office. Alder
man Fred Powers, by virtue of his Office
the absence of President Jones, the legal
acting mayor and upon him devolves the
ordinances. -za~-~- ..,- 49,. 49, --,. -,
This is the substance of ruling made
by City Attorney Frank Healy in re-
Spouse to Mayor Ames' telegram of yes
terday afternoon addressed to City Clerk
Lydiard, directing that all warrants, reso-
lutions and ordinances that may be passed
by the city council at 1t meeting to-mor.
row night be sent to him at West Ba-
den. -
This settles officially the interesting
question who is the de facto mayor Of
Minneapolis in the present situation, and
makes it plain that in the event of an
emergency requiring official action, the
police department would have to take its
orders from some other person than the
| : IL
sick man at West Baden
/ 49, What the Charter Says.
The city attorneys ruling was con-
tanned in a letter sent to Mayor Ames.
last night, and is as follows: ri. .S3..A
| Mr.. ~Lydiard has just presented me with
your telegram OF this date in which you ask
that he send resolutions, ordinances, ETC.,
for your signature to West Baden have
advised Mr.. Lydiard that this is unnecessary
and in fact the city charter provides other.
wise. d Chapter g.. section 2 of the charter
provides as follows: : g;. ~ S.
l. Sec. p. At the first meeting of the city
council IN January Of each year after a gem
eral state election they shall proceed to elect
Isby bafot from their rnenbe rs8 d president
and vice president The president shall pre-.
side over the meetings of the city council and
during the absence Of the mayor from the
| city or his inability for any reason to dis
|
dent shall exercise all. the power and. dis
charge all the duties of the mayor. In; case
the president shall be absent from any meet
ing of the city council, the vice president
shall discharge the duties of such president
| and act in his place.
The president or temporary presiding officer
| while performing the duties of mayor shall
be styled acting mayor, and acts performed
by him when acting as mayor as aforesaid
shall have the same force and validity as If
performed by the mayor.
You will see from the foregoing that in the
absence of Mr.. Jones, the president of the
conucil, Mr.. Powers, the vice president of the
council, Mr.. Powers, the vice president of the
| tons, ordinances, warrants, etc, as he is
| just, as much acting mayor as Mr.. Jones
! would be, had he been present. In other
words, the charter contemplates that in the
! absence of the mayor from the city, the
president of the council shall be acting mayor
and in the absence of the mayor and presi-
dent, the vice president shall be acting
| mayor, 49,. -, t'..-.. +.
| Mayor Ames, according to word received
| to-day left West Baden this morning to
go to Chicago to meet Mrs. Ames on her
way to West Baden.
The police committee of the council will
meet tomorrow morning to pass on the
status of Chief Of Police Ames, and the
city attorney Is prepared to make another
ruling at that time to the effect that
Mayor yAmes has no authority, from the
fact of his being out of the city, to extend
Colonel Ames' leave to Aug. l.. The mem
| bers of the committee are not agreed as
yet what action they will take.>v They
Eare pretty sure, however, to stop his
| salary from July 90; then guide their
course of action by later developments.
Look for Chiefs Return.
! Colonel Ames closest friends now insist
| that he will be back very soon, probably
not, later than Monday next. In view Of
| his sudden leave and protracted absence
the probability is suggested that follow
| ing his arraignment heavier bonds will
7 be required of him than was the case be-
/ fore, and that, in view of the reported at
titude OF the friends who helped him out
before, he will have to furnish the coli
| lateral next time to guarantee his pres
ence when wanted.
| The chiefs indictments similar to the
/ last two returned against the mayor. It
! charges him with receiving money as
bride from abandoned women. Red"
Cohen is indicted as agent and the colonel
as principal, SO 1t will be up to one of the
4 pair to clear his own skirts at the ex-
I pense of the others reputation. This Is
why 1t Is, desired to try Cohen first.
I Grand Jury to Keep ON.
/ jury-the most Industrious and effective
4 grand jury that ever met in Hennepfn
county-is about ready to lay down It's
/ burdens and give up the war on municipal
corruption, we'll content with what it
j has accomplished This determination
would be but natural in view of the fact
that the pending cases in which indict-s
ments have been returned will not be
taken up by the county attorneys of
i flce unit IL fall and the further fact that
i the grand jury has routed the forces of
corruption horse, foot and dragons. Not
! only have there been many important
convictions, but the indictment of the
/ mayor and his chief of police has par
alyzed utterly the administration machine
and, whether they are ever convicted or
i not, and indeed, whether they are ever
Eeven tried the game Is up, Never can
i 1.-The Ames machine be rehabilitated This
herculean cleaning Of the Augean stables
would seem to be enough glory for one
sturdy, conscientious, duty performing
4 grand Jury and 1t would not be surpris-
Ing If 1t was about ready to go out OF
existence.
AS matter Of fact, however, 1t Is stat
i ed on the best OF aut hority that the grand
4 jury is not yet ready to quit and on the,
slcontrary Is as full Of energy and deter
mination to pursue Its course to the very
lend as ever. It's members have been
i somewhat depleted, 1t is true, but there
Eare still seventeen members ready to re-
Espond to the call Of duty and that Is onA