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" Minn.) STATE v. 40RMAN
<br />403
<br />of mandamus to compel the city treasurer to mission. And ft follows that, If this inhtbi-
<br />pay a certain R•arrant issued to Robert tion le in force as to the commission, no
<br />n Braithwaite by the commisston, which ac- implied power for It to employ counsel may
<br />3
<br />' lion resulted in a peremptory writ compel- be read into chapter 412 of the General Lawa
<br />~ ling payment. of 1807. The intention o! the Legislature in
<br />i This proceeding was brought !n the name the act of 1895 to guard against burdening
<br />~ of the state, oa relation of the commission the taxpayers of small cittes with more than
<br />and the said claimant Braithwaite. It fur- one legal department fa so plain, and that
<br />t they appears that the attorney afterwards object so worthy, that we have no inclin~-
<br />. ~ presented his claim for compensation for his lion to adopt the view of appellant that the
<br />services, and the commission, November 1, clause quoted in said section 200 of chapter
<br />1810, duly allowed and ordered 1t paid in 8 of the General Laws of 1895 was repealed
<br />the sum o! $229.12; said sum being the rea- by implication by the provision in.said chap-
<br />. sonable value of the services so rendered. ter 412 of the General Lawa of 1907, which
<br />• TDe respondent's refusal to issue the war- reads: "They [the commission] shall have
<br />• rant, though authorized and requested so to authority to buy al] material, and employ
<br />• do by the commission, also appears, as well all help necessa
<br />as the assignment of the claim by the niter- extend, add to, change or modify said plants.
<br />ney to the relator, the appellant. In grant- bulldin s and halls, or an
<br />ing respondent's motion to g Y Part thereof;
<br />the trial court said: "I amgof the opinion fuel a dalsupplles, and a ploy allohelpynecl
<br />that the water, Light, power, and building essary to operate said pleats." It cannot
<br />commission Las no power to make the city be reasonably contended that this language
<br />of East Grand Forks liable Por Pees of an way intended to confer the power to employ
<br />attorney that !t might Lire, without the an- an attorney, 1n view o! the Pact that for
<br />thority oP the city council of East Grand every city to which chapter 412 applies the
<br />Forks to hire such attorney." law alread
<br />[tl Sections 198' to and Including section duty it to to render egalaservicesrforhthe
<br />201 of chapter 8 of General Laws oP 1895, city, and every officer, board, and depart-
<br />under which the municipality was created, meat thereof. The duties of a city attorney
<br />provide !or the appointment of a city alter- in cittes of less than 10,000 inhabitants can-
<br />• ney and define his duties, stating that: "lie not be exceedingly arduous. Frequently city
<br />shall be the legal adviser of the city and officinla dlsngree as to their several duties,
<br />stall perform all the services incident to the and clash; but, because of this, can it for a
<br />office, and shall appear in and conduct all moment be admitted that eacL has the power
<br />civtl suits, prosecutions sad proceedings in by Implication to Lire an• attorney for con-
<br />which the city shall be directly or indirectly saltation and litigation, and make the city
<br />Interested. • • • He shall advise the responsible for the services so rendered? As
<br />city council and all city officers in respect bearing on this question, and the reluctance
<br />to their official duties. He shall personally of Courts to imply power to hire an attor-
<br />or by an assistant attend all the meetings ney where none is given, may be cited Hora
<br />of the city councll and such of the commit- v. City oP St. Paul, 80 Minn. 388, 83 N, W.
<br />tees or boards as shall request his attend- 388, True v. Board oP Co. Com. of Crow
<br />sues, and ao board, department nor officer ~V1ng County, 83 Minn. 293, 88 N. W. 102,
<br />of the city shall Lave or employ any other and Jackson v. Board of Education of the
<br />attorney in connection with their official du- City of Minneapolis, 112 Minn. 187, 127 N.
<br />ties." Any assistant, permanent or .tempo- W. 589.
<br />rary, moat be appointed by the city niter- [Z] But counsel insists that the facts
<br />•, ney.. Section 201. TLe water, light, power, slow that an emergency arose which threat-
<br />and building commission is merely aboard erred to deprive We city of the services of
<br />or department of the city governmAnt. the commisston. Granting that an emergen-
<br />• WLile it may, within its sphere, incur ez- cy may create a power where none otherwise
<br />penes, enter into contracts, and allow and exists, we do not think tLe facts stated in
<br />order tLe claims therefor paid, Independently the writ show an emergency, TLe litigation
<br />of the city council, it has been given no pow- in which the attorney was employed was not
<br />er to sue or be sued, so that it stands in directed against the coaimisaton as eacL, nor
<br />need of no attorney to carry on Its litigation. was any pecuniary interest of the publle at
<br />Monfort v. Wheelock, 78 Mina 189, 80 N. stake in 1t. The cases cited and relied on
<br />~V. 955. American Electric Co. v, Waseca, by appellant, viz., Wiley v. Seattle, ?Wash.
<br />102 Minn. 328, 113 N. W. 899. TLerefare, b78, 35 Pac. 415. 38 Am. St. Rep, 905, Smed-
<br />the commission being a department oP the ley v, Kirby, 120 MIcL. 268, 79 N: W. 137,
<br />city, it must be conceded that, by the section Clty of Louisville v. Murphy, 86 gy. ~ 5
<br />above quoted, the duly appointed city alter- S. W. 194, Barnert v. Mayor, 48 N. J. Law,
<br />ney' became its legal adviser, and the stet- 395, 8 Atl. 15, are all cases where proceed-
<br />utory inhibition against any board, depart- lugs were taken against an official to compel
<br />• anent, or officer o! the city Laving or em- Lim to. perform some official act which. Le
<br />ploying any otter' attorney In connection deemed violative o! his duty to the public
<br />I with their official duties applies to the com- and InJuriously a>Yecting interests o! great
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