The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-04-16

- 81 ~ . 49,
over. The fight began when Mr.. Nc
Donald objected to the calling of the
roll by the city auditor on authority
of the mayor. MIR. Mcdonald con-
TENDED the aldermen were all commits
sioners under the new form of gov
eminent and by law were to continue
and act as such until the commits
sioners were elected by the people.
Upon this he called for the opinion of
City Attorney Smith.
Mr.. Smith prefaced his remarks by
stating that what he would give was
merely his opinion, which was that
the aldermen were to act in lieu Of
commissioners until the same were
elected and should take office. Per
haps no such circumstance as the
one which at that moment existed in
the city of Fargo had been contem-
plated by the legislature so that no
provision was made for such a con-
tingency. The city attorney read the
language of the law which says:
The Statute,
IF a majority of the votes cast at
such election shall be for city organi-
cation under the commission sys-
tenn, such city shall henceforth be
deemed to be organized under this
chapter and the city, village or town
officers shall thereupon exercise the
powers conferred upon the officials by
this chapter until their successors
shall be elected and qualified"
Mr.. Smith then stated it was UP to
the council to decide the matter it,
self. The new aldermen were at the
rail waiting to take their seats. Both
Mr.. McKeller and Mr.. Tucker said
they had been elected and expected
their places in the council.
Mr. Mcdonald OrotastnI ogaipSt +bo
seating of the newly elected aldermen
on the grounds the council was now
acting as a board of commissioners
according to the opinion of the city
attorney which was backed by the
states attorney and the attorney gen.
era1. This he felt. was sufficient to
uphold his individual contention.
Fight Begins.
Alderman Cupler said it was not the
exact verbiage of the law that was al
issue in this instance but the spirit
of. the statute. The people had elect
ed three men and the terms of the
retiring aldermen had expired and that
it was up to the mayor and the coun-
Gil to seat the newly elected council
men.
Alderman Jardine said that no bust
ness could be legally transacted with
a council including three men whose
legal tenure of office had expired.
Mr.. Cupler moved to seat the new
aldermen. AS a substitute motion
Mr.. Mcdonald moved that they be not
seated.
Aldermen Jardine and Peterson
asked Mr.. Mcdonald why he had not
run again and saved himself all this
trouble. A sharp .retort came from
the gentleman from the. Third ward
that that was his business"
why didn't you run and get that
trimming that you wanted : to. save
yourself?" asked Mr.. Peterson, which
brought forth a burst of good natured
laughter, in Which the gentlemen adj
dressed heartily joined.
Voted on Question.
Mr.. Mcdonald withdrew his substi-
tute motion and instead moved that
the report of the city attorney be
adopted. The substitute was lost by
a vote Of 7 to 5. The original motion
to seat the new aldermen carried by
the same vote. Voting in favor OF
the new aldermen We're Aldermen
Cooper, Cupler, Hanson, -Jardine,
dollhouse, Peterson, and Sonquist.
Against the seating of the new alder
men were Aldermen Bowers, Frenette,
Greene, Mcdonald and -Wooledge.
Mr.. Mcdonald then raised the ques-
tion of the legality of the vote. He
contended that 1t would require eight
votes to declare the new aldermen
elected, which would be a majority of
the council elect He called for the
opinion Of the city attorney who
looked up the statute, which read that
a majority of the council elect consti-
tuted a quorum which could transact
business. CO... ..~-~. --.. 49, . ,-.~
Mcdonald Refused to Go. is
Mayor Sweet then declared the new
aldermen elected and invited them to
take their places. But Alderman Nc
Donald refused to go. Again he ar
gued that he was upheld in his posi-
ton by the opinion of the city, attor-
ney, the states attorney and the at
.torney general. -. ;as .
Alderman Hanson said he was ready
to retire to private life, that he was
shaking hands all the way round;
passed without the rail. Alderman
Mcdonald refused to shake hands
goodbye with him.
Reckoning his successor, Mr.. Stegge
of the Third ward, to his seat, Mr..
Mcdonald drew up a chair next to his
old desk and after the calling of the
mayor he wished to be counted pres
ent.
~ Mayor Sweet Speaks.
81 have ruled on this gentleman and
l tell you, Mr.. Mcdonald" aid Mayor
Sweet, that this thing is going to be
followed out as / say. All this rag
chewing merely makes things UNI
pleasant for us-all. Now you are not
an alderman and you will not be rec
ognized as such unless the supreme
court so rules
1t was about the first time Mayor
Sweet has spoken right out in meet
ing" that way since his administration
began a year ago and there was no
mistaking his attitude. Mr.. McDon-
aid withdrew but not until after he
had replied to the mayor by saying.
You are the only one of that opin-
ion, Mr.. Mayor
Roberts Resigns.
The first business following the
seating of the new council was the
reading OF the resignation of Judge
Roberts as city justice, which was acz
cepted. Several sidewalk and sewer
resolutions were adopted. The cleo
ton of the school board was reported.
Mayor Sweets Statement.
Following the adjournment of the
council last night, Mayor Sweet issued
the following statement:
THE aldermen regularly elected at
tehe election OF April n appeared at