The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-10-27
JUDGE STANTON REFUSES
STAY In WARRANT MATTER
Decision Rendered in Municipal Court Controversy
Pogue Ordered to Forthwith Comply with Mandamus
Which Was Recently Issued by Court
State of Minnesota,
County of Beltrami. J

State of Minnesota,
County of Beltrami.
District Court,
Fifteenth Judicial district.
State of Minnesota, ex rel C. D.
Fisk, Relator,
J.P. Pogue, as mayor of Bemidji,
Minnesota, Respondent.
The relator is duly appointed,
qualified and acting clerk of the
municipal court of the city of Be-
midi and by the terms of the reso-
luton of the common council of said
city, which created said municipal
court, his salary was duly fixed at
six hundred dollars per year, pay
able in equal installments monthly
as the salaries of other city officers
are now payed." The city clerk at
the proper time, duly filled out,
signed and executed, on his part, a
warrant payable to relator for his
salary for the month of September,
1908. This warrant was presented
to J. P. Pogue, mayor of the city
for signature, and he refused to sign
the same. On petition of the relator,
pre.emptory writ of mundamus was
issued by this court requiring the
said ]. P. Pogue, mayor, to sign said
warrant. At the time set for a re-
turn to be made upon said writ, the
said ]. P. Pogue, mayor, appeared
and by way of excuse for not having
Heretofore signed the warrant as d.
rected by said writ alleged:
THAT said writ of mandamus had
been Inadvertently issued by this
court, and that said plaintiff, in pro-
curing said writ has withheld and
concealed from this court facts
relevant and material to his right to
such writ, and which facts, had they
been disclosed to said court, would
have prevented this court from issu-
ing a peremptory writ in this action,
and that said facts so withheld and
concealed from this court are as
follows:
THAT it is provided by the charter
OF the City of Bemidji that the
mayor of said city shall sign. all
orders authorized to be issued by
the council of said city, except other
wise provided in said charter, and
that said charter further provides as
follows:
The resolution providing for
the issue of warrant shall state
the fund on which such warrant
shall be drawn, and every warrant
shall designate the specific pur-
pose for which it is issued, and the
specific fund upon which is is drawn,
and shall be payable out of none
other. Each warrant shall be pay
able to the order of the person in
whose favor it is drawn. No war
rant on any specific fund shall be
drawn or issued until there is suffi-
cient money in the treasury to the
credit of such fund to pay the
same, together with all other war.
rants issued since the adoption OF
this charter that may then be out.
standing against such fund; and
the council is hereby prohibited
from authorizing the issue or order
ing paid any such warrant, unit
there is sufficient money, as afore
said, in the treasury, applicable
thereto, to meet such warrant
together with all other warrant:
which may be outstanding agains
said fund. No officer or oficia
body of the city shall have any
power to contract or create any
Indebtedness against the city, except
in accordance with the provision:
of this charter; and any warrant
issued contrary thereto shall be
wholly void as to the city, but the
same shall constitute a persona
claim against the officer or oficer
issuing the same, and any membe
of the council voting to authoriz,
the issuance of the same, or attempt
ing to create such Indebtedness
THAT at the time of the service
of said writ above referred to on thi
defendant, there is no money what
ever in said general fund, on which
fund the warrant of said plaintiff