The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-03-24
FEAR THE COST
OF LITIGATION
COUNCIL WOULD RECOVER LOAN
OF 1898.
Committees on Taxes and Ways and.
Means Make Formal Request for Re-
turn to Permanent Improvement Re-
volving Fund of 100000 Loaned to
Board Of Sinking Fund Commission

Litigation will be avoided. if possible.
in controversy between the city coun-
Gil and the sinking fund commissioners.
1t is probable that the council will get
back into the permanent improvement
revolving fund, the 100000 loaned to
the sinking fund commissioners in 1898.
The council committees on taxes and
on ways and means made a formal re-
quest upon the sinking fund commits
sioners yesterday afternoon for the re-
turn of the money, that it might be
used in paying off rebates due property
owners on overcharges for permanent
iamprovemfnts ~ At A. first there f h was
missioners to hold out against the re-
quest on the ground that the charter
provides that the sinking fund shall
only be used for paying bonds as they
become due. When City Attorney
Healy cited other provision, the gen
eral aspect of the question was changed.
1t is not thought that the council will
money. The only action taken at the
meeting yesterday was to pass Alder
man Rand s motion, asking the commits
sioners to return the money Immediate
ly. Alderman Chatfeld's motion to
have the city attorney institute a suit
against the commissioners in case Of a
refusal, was not carried.
Never in Sinking Fund.
The provisions of the charter, cited
by Mr.. Healy, show that the 100000
loaned from the improvement revolving
fund never became a part OF the sinking
fund The charter provides that when
ever there is surplus in the revolving
fund not needed within the next two
years, it shall be loaned temporarily
to the board of sinking fund commits
sioners, who shall expend it in the same
manner that the sinking fund is expend-
ed. The same chapter also says that
where overcharges have been made on
permanent Improvements they shall be
repaid out of the revolving fund.
When the 100000 was loaned in 1898
it was for the purpose of aiding the
school board, which was short Of funds.
The money was turned over to the
school board blythe sinking fund commits
sioners,, which procedure would, have
been illegal according to Mr.. Healey,
the sinking fund The money never
got to the sinking fund, and because it
was not recalled at the end Of the two
years, it did not get under control of the
commissioners. ,,, &c.; y 49,
Litigation Not Desired.
If the case is taken to the courts it
will be expensive to the city and the
sinking fund commissioners have eX-
pressed desire to have the legal points
of the case thoroly examined before
they either pay over the money, or re
fuse and take it to the courts. If they
do refuse a suit will probably follow
but it is thought that the matter can be
settled without recourse to the courts
If the money is returned to the. coun
Gil there will be more difficulties tc
overcome Some Of the aldermen are
opposed to paying all the claims ;,i because
they are in the hands ST collectors.
we a51o featare At IT, uHaue t6eate1
for over; four months, the, supply OF
amateur talent, instead of being de
pleted, seems to be increasing. The lis
of applicants for appearance tonight j:
sufficiently long to insure the pro
grams of both shows being made up al
most entirely Of volunteer talent.
Today Ladies' Souvenir Night, Dewe,
Theater,