The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1908-05-29

In the matter Of charges preferred against
J. B. Hodapp, the city recorder OF said
city of Mankato, by the common council OF
said city:
recorder of said city of Mankato, and for re-
turn answer to the charges herein prefer
red against him alleges and shows
That he denies each and every allegation,
matter and thing in said charges set forth
and alleged, excepting the same are here
matter expressly admitted, qualified or ex-
planned.
Your respondent admits that he now is and
for more than one year last past has been
the duly elected, qualified and acting city
recorder of the said city of Mankato
That as to whether the common council
of the city of Mankato legally adopted gar-
bage specifications relating to the gathering
of garbage in said city during the year 1908
as alleged in said written charges, with a
view Of calling for bids thereon and letting
contract therefor, your, respondent. does not
have sufficient knowledge information to
form belief, and. therefore denies the same.
WHAT THE RECORDER ALLEGES.
He admits that at about the time in said
written charges alleged certain bids were
presented and submitted to the common coun-
Gil of said city of Mankato for the gathering
and hauling of the garbage in said city dur
ing the season of 1908 and that each of said
bids was accompanied with certified check
as a guarantee of good faith the part of
the bidder, all of which bids were opened and
read to the said common council in open ses-
sion and presented to the said council for
consideration, and alleges:
That besides the bids of Jacob Effer and
A. L. Daily set out and alleged in the said
written charges, one Fred PosewaIk submitted
bid for the performance of said work of
gathering and hauling the garbage in said
city OF Mankato Tor the season OF 1908 TOR
dollars per month lower than the bid of
Jacob Effer mentioned in said written charges,
and $3.50 dollars lower than the bid of said
A. L. Daily. That the bid of said Effer was
SIS per month, and the bid of said A. l..
Daily was $3.50 per month
He admits that the said common council
took action purportne to be award
of the said garbage contract for gathering
said garbage, at said price of SIS month,
but alleges that the action taken with
out authority of law, and in violation of
their obligation to the public and in violation
of their oath of office
He admits that the said Jacob EHer signed
pretended contract purporting to obgate
him to gather the said garbage, and to- ob-
gate the said city to Pay him therefor at
his said bid price, and that J. w. An
drews, assuming to act for and to obgate
said city of Mankato placed his signature
the said pretended contract, and admits fur
Their that said J. w. Andrews did at about
the time in said written charges alleged show
your respondent a paper and asked him to
sign it, saying that it was contract with
said Jacob EHer for the gathering and haul
ing of said garbage, at said price of SIS
month.
LETTER FROM DIR. ANDREWS.
He further admits that said J. w. Andrews
assuming to act the mayor of said city of
Mankato did about the 9Th day of May,
niu fo
purporting to be an order mandate from
the mayor of the city of Mankato ordering
and directing your respondent to change
amend certain papers in his office which
order mandate is in words and figures as
follows, to-wt:
"To j. 3. Hodapp, City Recorder of the
City of Mankato, Minnesota: Sir: hereby
demand that you strike A. L. Daby's
from the pay roll of said city, and that you
deduct from the amount of the order repre-
senting the pay roll the amount which you
have assumed to allow said A. L. Daily, and
that you draw and sign order for the pay
roll so that | mayor may also sign the
same and so that the moneys due said
pay roll may be paid by the city treasurer.
You are also notified that the city attor
hey mas given me his written opinion that
your action with reference to this matter is
wholly Illegal and fraudulent and that the
city attorney has further notified me that
unless you proceed as herein demanded @he
VIII at once prefer charges against you and
will ask that you be removed from your
office. J. w. Andrews, as mayor of the city
OF Mankato, Minnesota. Dated May q, 1903"
Your respondent admits that he refused to
comply with said order of mandate for rea-
sons hereinafter alleged.
WAS ATTEMPT TO eRoweEAT
: Your respondent specifically denies that he
was induced or prompted in any degree in
refusing to amend or change such records,
pursuant to the order or mandate aforesaid
issued by said J. w. Andrews, by any poIlt-
cal consideration, because of any proffered,
pledged or expected political assistance to be