114 Minn. 141 | Minn. | 1911
Appeal from an order of the district court of the county of Eamsey enjoining, pending the action, the city of St. Paul and its comptroller and treasurer from allowing and paying any money of the city to the defendant the Consolidated Publicity Bureau, or its manager. The here material facts, as shown by the record and briefly stated, are these:
The provisions of the charter of the city of St. Paul applicable to the facts stated are these: “The common council * * * shall have the power to appropriate money for city purposes only; * * *" to provide a general fund for the current and incidental expenses of the city not hereinbefore specified and provided for, in which may be included a contingent fund not to exceed $10,000, to be used by the common council for such purposes as it shall deem calculated to promote the general welfare of the city.” St. Paul Charter 1905, p. 16, § 48, and page 37, subsee. 22.
The allowance of a temporary injunction rests largely in the discretion of the court granting it, for the reason that its purpose is to maintain the status quo until the action can be heard and determined on the merits. It is quite obvious from the record that the trial judge did not abuse his discretion in so temporarily restraining the defendants, because it is far from clear that the claim in question can legally be paid out of the general fund provided for the current and incidental expenses of the city.
This leads to an affirmance of the order appealed from, but in view of the fact that the question of the proper construction of the charter provisions quoted has been thoroughly discussed by counsel, we deem it advisable to construe them. They must be construed as a whole, and effect be given to the. limitation of the amount which may be included in the general fund as a contingent part thereof to be used for such purposes as the council may deem calculated to promote the general welfare of the city. This limitation indicates that appropriations from the general fund can only be made for the payment of the current and incidental expenses of the city, except that there may be added to such fund a sum, not exceeding $10,000, to be used
It follows that, this special fund having been exhausted, the claim here in question cannot be paid out of the general fund.
-Order affirmed.