Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1905-04-14
DECIDES id f: Fl .;TRfBB||y'
judge: Baxter Gives De-
cision Against the
City

City
Judge Baxter has given 8. Trebby
s. 80 aud costs in his suit against the
city for alleged extra services during
the time he was city attorney. In
1899. 1860. Mayor Vasaly in Febru-
ary, 1900, declined to sign the order
for the amount on the ground that no
such service bad ever been rendered.
Mayor Richardson and Mayor Mich
OILS also declined to sign the order.
The courts decision is that the may
or must sign all orders properly sub
mitted to him. It is needless to say
that We do not agree with the learned
judge In his contention. According
to the decision, If anything should
happen after the bill was allowed,
showing that it was fraudulent, the
mayor would still have to sign the
order. If the mayors signature Is
practically only a matter of form, it
is waste of time for him to sign
orders. The case may be appealed.
Following are the salient points of
the decision:
That the defendant, Charles E. Vas
ally, was on the first day of April,
1899, and during all the time specified
and covered by these findings oontin-
ned to be. the duly elected, qualified
and acting mayor Of the said city of
Little Falls, and that the said Charles
e. Vasaly was at the time of the trial
of this action and still ia, the duly
elected. qualified and acting mayor of
the city of Little Falls. and by virtue
If the stipulation entered into by the
parties in this action is considered
and treated as the proper defendant
herein, without any otEer or further
order herein.
!. That the relator, at the time of the
commencement of this action, was ov-
or the age of twenty-one (21) years,
and for more than the ten years prior
thereto continuously has been a resi-
dent, taxpayer and legal voter of and
In the said city of Little Falls.
That between the first day Of April,
1899, and the 9th day of February,
1900. said Samuel Trebby did and per-
formed certain work, labor and servic-
es for the said city of Little Falls in
and about the preparation for. and
the trial of certain action in equity
during said period pending in the
circuit count of the United States
Of America, in which eaid action the
said city of Little Falls, and the sew
eral members of the city council there
Of were defendants.
That while the said Samuel Trebby
was. at the time of the rendering OF
said services, the city attorney of the
said city of Little Fails, yet the said
services were not rendered BY hin
as were not contemplated by hif
election and retainer as such city at.
torney, and were not services re.
qui ed to be done by him as such
city attorney, nor we're they within
the meaning of the statue prescribing
apd defining the duties of said city
attorney of said city of Little Falls,
tyet the said services were not rem.
dered by him as and where not con.
templated by his election aud retainer
as such city attorney, and were not
services required to be done bv him
as such city attorney, nor were they
within the meaning of the statute
prescribing and defining the duties
=. of eaid city attorney of said city Of
= Little Falls.
That at a regular meeting of thu
? city council of the said city of Littl.
q Falls. all the members of said council
g being present, held at the city o.
0 Little Falls on the 9Th day Of Febru
q airy, 1900, said Samuel Tretby pre-
? sented to said city council his bill
@ and account for said work, labor ant
. services so as aforesaid rendered and
performed, which bill and account
was duly verified, and that thereupoz
on motion duly made, seconded ani
unanimously carried said bill and &C
connt for said work, labor and scr
vices in the sum herein before stated
was duly allowed by the said city
council ard ordered paid.
, That thereupon the city clerk o.
the city of Little Falls, prepared ant
presented to the defendant herein
Z as mayor of eaid city of Little Fall
for his signature as such mayor, ant
I order upon the city treasurer of tn
, said city of Little Falls, requiring
> him, the said treasurer. to pay sale
Samuel Trebby, or ord r, the sun
: of two hundred fifty (s250) dollars
Z for services as foresaid rendered BY
said Samuel Trebby to and for thu
q aoid citv IF little Fo1fo