The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-04-06
CHARGES AGAINST STREET
COMMISSIONER REJECTED
City Council Voted Uphold Commissioner Last Nights
Meeting, Holding that No Real Wrongful Act Had
Been Intended

Last evenings meeting of the city
council developed into pretty much
of "gabfest," as a result of charges
preferred against Street Commits
sioner James R. Miller and two
saloonkeepers, in which much ora
tory was turned loose; and also as
a result of an attempt on the part
of the city clerk to collect the pay
of the clerk of the water board,
which was not due the city clerk.
There was large and interested
number of spectators present, who
had expected there would be some
thing doing"
The first matter of Importance to
be taken up was the petition of
Mayor Pogue for the dismissal of
Street Commissioner James r. Miller.
D. H. Fisk appeared as attorney
for Mr.. Miller and asked that the
action be dismissed on the ground
that the document purporting to
set forth charges against Mr.. Miller
failed to set forth a cause of action
against the defendant or to charge
him with the violation of any laws
of the state of Minnesota. Mr.. Fisk
stated that the document filed by
Mr.. Pogue failed to prefer any vio-
lations of any official duty as street
commissioner and that the document
attacked the official character and
integrity of the defendant without
any foundations whatever therefor.
MI. Fisk addressed the council at
length along this line.
City Attorney Gibbons stated that
a point of law was that in the buy
ing of some commodities for the
city where the amounts were in
excess of 500 the city should ad-
vertise for bids for same which had
not been done.
Alderman Johnson stated that in
his belief Street Commissioner Miller
was doing nothing but his duty; in
fact, the purchasing committee of
the city council bought the timber
and Street Commissioner Miller's
action in o. king the bill was
simply o. king as far as the &C
acknowledgement of receipt of the
timber by said city.
Alderman George w. Rhea stated
that he was chairman of the pur-
chasing committee who made this
purchase of timber at SIS per thou
sand, where timber formerly was
bought at $2e per thousand. Mr..
Rhea said. the material was badly
needed for street work at the time
and that the city got the best deal
in lumber it had ever had.
Mayor Pogue, in his address to
the council, stated, that in his
opinion, MI. Miller did not defraud
the city; that he believed in sub
servance of the city laws, and that
the point in question was that the
city should have advertised for
bids on this amount of timber; that
the way the timber was purchased
no one else had a chance to bid or
this amount of lumber. Mr.. Pogue
further stated that, in his opinion
the council did wrong in buying
this, and that as Mr.. Miller o. k.-ec
the bill, Mr.. Miller, in his opinion
was the guilty party. Mr.. Pogu'
also stated that no charge of dis
honesty or incompetence was made
by him against Mr.. Miller.
By an unanimous vote the council
dismissed the action.
Mr.. Rosen and Iens Hanson, twt
local saloon keepers, were the next
parties to be brought on the Car
pet" They were cited to appear
and show cause why their licenses t.
sell Intoxicating liquors should no
be revoked, they being charged witt
harboring dissolute characters an
keeping their places of business opel
at unlawful hours. C. w. Scrutchi
appeared as attorney for Rosen an
F. A. Jackson represented Hanson
On agreeing to be good" and t
hereafter observe the laws relative t
the sale of liquors Rosen and Han
son were allowed to continue the.
business.
The application of Maloy & Carr
gan for license to sell intoxicatin