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

by said Improvements South Fifth street
in said city of Mankato, as partial COM
pensation to said property owners for the loss
of the said large sum of money SO over-paid
to said T. r. couehIan Co., and which
said common council suffered said company to
keep.
That on or about the 18th day of May,
A. D., 19O8 the said common council did
without authority of law, agree to purchase
of one Lulu Goodwin a certain small TRAN
guIar shaped tract of land lying In Fifth
street in said city of Mankato, and did buy
the same of her and paid therefor the sum
of $125 all of which was wrongful and un-
lawful the part of said common council,
because of the fact that the said triangular
tract of land then and for about twenty
years past has been portion of said Fifth
street, and during all of said time had been
worked, used and kept in repair by the
public, and at public expense, and was duly
recognized by the --public and the former
owner as a portion of said street. and by
virtue of such user and Improvement thereof
was the property of said city OF Mankato In
fee simple long before the said purchase
thereof by said common council.
CONTRACTED LARGE INDEBTEDNESS.
That said common council did during the
years 1906, 1907 and 1908 wrongfuIy and
unIawfuly delegate it's charter powers to
contract large sums of indebtedness against
said city to divers irresponsible persons and
committees and did thereby permit the ex-
pendture of large sums of public money for
divers purposes contrary to law, and in vic.
Iaton of their public trust by reason of which
wrongful acts your respondent believes that
the said city of Mankato has suffered much
financial loss.
That of the said divers acts Of the wrong
ufi delegation OF power by said common
council your respondent alleges as follows:
That about the list day of April, A.
D., 19os the said common council attempted
to and pretended to delegate its power to the
committee of said council known asr the
mttee fire department to contract for and
to expend large sums of money for the
construction and repair of the fire station
in said city, and the said committee did,
without procuring specifications therefor,
with receiving competing bids therefor, made
large changes and improvements in said fire
station, involving an expenditure of about
$1,000, all of which expenditure was made
and Indebtedness contracted without the
knowledge or approval of the common
Gil. That during the month of April, A. D.,
1908 the said council did further
wrongfuIIy and unIawfuIIy attempt to dele
gate their charter power by empowering the
chief of the fire department. of said city of
Mankato to purchase a large quantity of fire
hose, and that pursuant to such delegated
power the said chief of fire department. did,
without receiving competing bids therefor,
and without the knowledge or approval of
the said common council contract an ndebt-
edness on behalf of said city of Mankato
In the of several hundred dollars for
fire hose, all of which was so purchased at
an extortionate price, and at greater price
than was proper or necessary to pay, and
much greater than said common council
could have purchased said hose for If the
same had been submitted to competition and
let to the lowest bidder
That all of the acts of the said common
council hereinbefore alleged, were ultra
wires and unlawful and void, and that by
reason thereof the city of Mankato has been
deprived of large sums of money unIawfuIIy,
and the burden of taxation of the people of
Mankato has been thereby greatly increased.
OBJECTED TO THESE ACTS.
That your respondent as the city recorder
of said city of Mankato did at divers times
object to and protest against the said un-
lawful acts, and did often stay. such action
for time, and only yielded thereto and
carried out the payment of money pursuant
to such lawful acts for the purpose Of
preserving harmony In the administration
of public affairs and to avoid vexations and
expensive litigation with which he was often
threatened for thus objecting and protesting
and delaying such action by the said common
council and other persons.
That In doing any all of the acts
herein admitted charged against him he
acted In good faith In an attempt to check
and stay the said unlawful use of public
funds and the unlawful transaction Of un-
lawful public business, and In an honest at
tempt to preserve the public interests and
to protect himself and his bondsmen AGAINST
loss and damage, and to keep the indebted
ness Of said city within it's tax limit and
to lessen the burden of taxation on the pub
lie, and not otherwise.
Wherefore your respondent prays that the
proceedings herein Instituted against him be
dismissed, and that he be exhonorated from
the Chardes of i'll aIfa