92 Minn. 84 | Minn. | 1904
The respondent Castner, a taxpayer of the city of Minneapolis, brought this action in the district court of Hennepin county to enjoin
The sole question involved is, has the city of Minneapolis authority to reimburse a defeated candidate for expenses involved in a recount of the ballots in an election contest? It is claimed this appropriation is authorized by section 18 of chapter 6 of the charter of Minneapolis, being section 17 of chapter 33, p. 598, Sp. Laws 1889, which reads as follows:
The city council of the city of Minneapolis is hereby’ authorized and empowered to expend for purposes not in this charter otherwise authorized during any fiscal year, moneys out of the general fund of said city not exceeding in the aggregate the sum of $10,000; provided, that no part of such sum shall be expended except by a resolution adopted by the affirmative vote of at least three-fourths of the members of said council.
The rule is well settled that the legislature is powerless to authorize the expenditure of public funds by a municipal subdivision of the state, except for a public purpose. State v. Foley, 30 Minn. 350, 15 N. W. 375; Borough of Henderson v. County of Sibley, 28 Minn. 515, 11 N. W. 91; Coates v. Campbell, 37 Minn. 498, 35 N. W. 366; City of Chaska v. Hedman, 53 Minn. 525, 55 N. W. 737; City of Fergus Falls v. Fergus Falls Hotel Co., 80 Minn. 165, 83 N. W. 54. This is true regardless of constitutional limitations. Michigan v. Auditor General, 124 Mich. 674, 83 N. W. 625; United States v. Carlisle, 5 App. Cas. D. C. 138; Calder v. Bull, 3 Dall. 386; Loan Assn. v. Topeka, 20 Wall. 655.
The question was recently before this court in a case involving added restrictions imposed upon the legislature by sections 5 and 10 of article 9 of the constitution in the expenditure of public moneys of the
In Wm. Deering & Co. v. Peterson, 75 Minn. 118, 77 N. W. 568, an act of the legislature appropriating money on behalf of the state for the purpose of loaning the same to private individuals was held unconstitutional. In Gregory v. City, 41 Conn. 76, the court held that a municipality has no power to indemnify an officer for expenses incurred in matters of his own, and in which the municipality is not a party, or where it has no interest in the litigation ; and in Merrill v. Plainfield, 45 N. H. 126, that the want of a pecuniary interest therein involves the want of power to reimburse the officer. In Massachusetts there must also be some pecuniary interest in the act to be done, to warrant the town in appropriating money for such purposes. Vincent v. Inhabitants, 12 Cush. 106. In Bell v. Municipality, 2 Upper Can. C. P. 507, it was said: “A by-law passed to indemnify a township councilor
elect for the costs of a quo warranto, by which his election was set aside, is illegal.”
We are of the opinion the provision of-the charter of the city of Minneapolis above set forth must be construed as authorizing the ex
Judgment affirmed.