The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1908-05-15
COUNCIL IS DEF|ED BY THE
CITY RECORDER, WHO REFUSES
To CARRY OUT ITS MANDATES

pay roll until told by the court to do
so, but he would abide by the court
He wished that such ain action had
been brought before, and the question
could have been settled by this time
and the laborers would have had their
money. He requested the council to
instruct the city attorney to bring a
mandamus proceeding. He did not
want to oppose the council in what
was right, but he was elected to up
hold the rights of the people. He
would have more to say when the time
came, but at present he took exception
to the whole proceedings.
Mayor Andrews explained that this
resolution only fixed the time when
the hearing would be had.
Mr. Hodapp said that he thought
that the whole proceeding was wrong.
1t should be shown in court that
wrong acts had been done by himself.
The council would naturally be par
tial, and he would like to have his
hearing in a court of Justice.
+, Wanted to Be Fair.
Aid. Gary said that he would take
exceptions to Mr.. Hodapp appointing a
city garbage collector. He wanted to
be fair, and if Mr.. Hodapp had done
no wrong he would vote to uphold him
He thought that the council was tax
ing the proper course, as it was fol-
lowing the advice of the city attor-
ney.
Mr. Hodapp again urged that man
damus proceeding would be the quick
est course to pursue. ..E
Aid. Gary said that the council was
acting on the advice of the city's
legal adviser, who had made the
charges and said that he could prove
them.
Council Is Unanimous.
City Attorney Schmitt said that
Mr. Hodapp was not taken by surprise
as the mayor had served written no
tice upon him that charges would be
preferred unless he amended the pay
roll, and he had answered the notice
through the papers. A man who makes
a statement like the city recorder had
lust made was not fit to hold an
elective office. care we to bring pro,
ceedings in the court every time that
we want something done?' he asked
The proceeding was the proper one
and he asked to have the resolution
passed.
The resolution was then adopted by
the council by unanimous vote.
Mr.. Schmitt said that he had pro
cured from the city treasurer the pay
roll. The different orders ought to be
drawn separately, and it would be
advisable for the council to strike of
the names of Daily and Effer. Mr.
Effer is contractor and should have
separate order. The council should
instruct the city recorder to draw sep
arate orders on the city treasurer fol-
the other items on the payroll.
A motion to this effect was made
and carried unanimously.
Refuses to Audit Bill.
Mr.. Schmitt then had Mr.. Effer
make out his bill for $3.50 for two
weeks work and swear to it, and
Health Officer Bjelland endorsed it
Mr.. Effer presented the legal proof
of claim to Mr. Hodapp, but he de.
clined to audit it.
Aid. Mahowald then moved that the
bill be allowed, and that the city re-
corder be instructed to draw an order
therefor, and this was carried unani
mously.
Mr.. Schmitt said that the charter
provides that when charges are pre-.
ferred against any official, elected OF
appointed, they shall be tried by the
council, which is the only body that
can do so. The council acts in a judi
cial capacity, and it should act the
same as any court, and the aldermen
should allow no one to approach them
on the subject. 1t would be wrong
for anybody to attempt to talk to
the aldermen about the matter. Mr.
Hodapp would have chance to intro
duce evidence and be represented by
attorney. The charter gives the coun.
ell the power to remove an official
from office if the charges are found
true, and to appoint successor.
Mayor Andrews also charged the al
dermen to follow the advice of the
city attorney and not allow anyone
to talk to them about the matter OF
hear Others talk of it in their pres
ence.
On moion of Aid. Schroeder, the
charges were ordered placed on file.
Aid. Schroeder moved that an or
der for $50 be drawn in favor OF
DIR. Hielscher to pay the city's share
of the expense of holding the tubercu
losis exhibit, and this was carried.
More Charges Made.
Mr.. Hodapp arose as the council
was about to adjourn, and said that
he would inform the council at this
time that he would refuse to issue
an order in favor of Mr.. Effer, and
would not amend the payroll until
ordered to do so by the court. He
again requested the council to ask
the city attorney or mayor to bring