The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1908-05-29
Respondents Answers or Return to Charges

his bid at said price of $75 month at tn.
special instance and request of said Gary
after he said Effer had concluded to file Il
at much lower price, to-wit: $50 per month
all of which unlawful on the part OF
said Gary and said Effer, and renders tn.
said award of said contract to said JACOB
EHer void.
That during the year last past and for
many years prior thereto the common coun-
Gil of said city of Mankato, have wiIIfuIIy
wrongfuIy and unIawfuIIy paid out large
of public moneys, and have done many
unlawful acts in reckless disregard of tire
laws and ordinances of said city of Mankato,
among which wrongful and unlawful acts
your respondent alleges the following:
MONEY WAS SPENT ILLEGALLY.
That on or about the 21st day of Septem-
Der, A: D. 1906, the said common council
appropriated out of the monies of said city
the of $1,000 to aid and assist the
Creamery Package company to procure and
erect private sewer to its manufacturing
plant in said city.
That about the End day of August,
1907, the said common council appropriated
out of the city treasury the sum of $500
gift to the Mankato and Blue Earth
County Fair association.
That about April 26, 1906, said COM
council appropriated out of the city
treasury the of $500 to send to the city
purposes.
: That on the Sd day of April, 1908, said
mon council appropriated out of the treas
ury of said city the sum OF $50 to pay the
expenses of certain tubercular exhibit in
said city of Mankato
That in the month of October, 1907, the
said common council cancelled certain water
rents due to the city of Mankato for private
Institutions in the. sum of about $3.50.
That or about the goth day OF March,
1908, the said common council did wrong
fully and unIawfuIIy cancel and discharge
certain special assessments levied for the
construction of a cuIvert across Thompson's
creek in said city and other improvements in
cident thereto, which special assessments were
all coIIectbIe.
That on or about the list day if June,
A. D., 1906, the common council of the said
city of Mankato did unIawfuly and wrong
fully promise and agree to purchase of one
Lorin Cray two half blocks of land in said
city of Mankato for park purposes, and did
attempt to obIieate and bind said city of
Mankato to take and pay for said land at
the extortionate price of $500, and did
thereby attempt to contract Indebtedness
of that amount against said city, well know
ina that by so doing they were far exceeding
the limitation of indebtedness fixed by the
city charter of said city, and that their act
in so doing ultra wires and void.
That in the year 1906, the said common
council in furtherance of their said action
of creating said Indebtedness for said land
so attempted to be purchased from said
Lorin Cray proceeded to and did enter on the
records of said city a tax levy of $500
against the taxable property of the said city
to expend said land so intended for park
purposes, and to apply on the payment OF
said Illegal contract of purchase.
That on or about the 18th day of April,
1908, the said common council did wronsfully
and unIawfuIIy pass resolution or motion in
open council meeting, to appropriate the sum
of $1,000 to be applied the payment for
bridge contemplated across the Minnesota
river at said city of Mankato, which Indebted
ness thus created is and was far in excess OF
the limit of indebtedness fixed by the charter
of said city, and such action was ultra wires
and void.
That during the winter of 1908 the said
council did negligenty, wrongfuiiy
and unIawfuIy pay to be paid to
T. r. couuhan G. Co. the of about
81 600 on certain contracts for the improve
ment of south Fifth street in said city, over
and above what rightfuIy and actually
due and owing to said T. r. Coughan Co.,
said contracts, and did thereby by their
gross neglect and wrongful act defraud the
city and the Interested property owners out
of a sum of money in about the Of
twenty six hundred dollars.
BRINGS UP COUGHLAN MATTER.
That thereafter and in violation of their
public trust, and against the interests OF the
Interested property owners, the said common
council did wrongfuIIy and unlawfully compro-
mise and settle the said overpayment to said
T. r. CoughIan 6; Co., for the sum of $500
thereby still leaving an repayment on said
contracts of about $4,000 which said T. r.
coughIan G. Co. should return to the said city
of Mankato, for the use and benefit Of the
interested property owners and OF the city
at large
That after so ,settling with said T. r.
Coughan G. Co., said common council did
without authority of law appropriate out OF
the city treasury of the said city of Mankato
the sum of about six hundred dollars, by