The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1883-12-20
NEWS OF THE STATE.
Attorney Gpnerai's Decisions.

In reply to question from from z. J. Royen,
county auditor of Marshall county. Attorney Gen.
eeral Hahn yesterday rendered opinion. which
is very important inasmuch as it settles the ques-
ton of salary. which has agitated the minds of
large number of county officers. The attorney
general holds that reelected officers cannot draw
double pay for the two MON bs January and Feb
ruary, many had expected to DO. lie argues
that az the official term expires on the frat Mon
day in January. 1884. tie salary OF the newly
elected officer will commence from that time. The
salary NUT end with the close or the onciai term,
and the eff CT OF the amendment ls to shorten the
term two months, and to lessen Inc salary
to that amount. This is the. gist Of
the attorney generals decision, but there
for in the case Of county treasurers the
State reauty is obliged TO pay double salary for
the months. because the salary OF the treas ref
is certain percentage OF the county receipts With
a maximum limit Whenever the receipts are sui
icent he is entitled draw us salary TO the limit
even if such should be the case 10 the first three
months In the present year number OF treasur-
drew their entire salaries before the eno OF the
first siZ months and thus have already received pay
for the months Of January aud February, for
which months the new treasurer viii also be en-
tried to uraw salary, their term begins tie nrsi
Monday in January. The law Is defective. but the
defect is not caused by the new an ndment, for
similar cases have occurred previously where a
county treasurer has drawn his full salary aud then
resigned or died. ard it has always been held that
he State must reimburse his successor.
Attorney General Hahn rendered an opinion
Yesterday concerning the Of office Of county
county treasnreFs commissioners ana snperlnt-n-
dent of schools. II is 10 the effect that the Terms
| of newly elected county treasurers commence on
| the first Monday Of January, 1854 instead OF on
the first day of March Tn. sam period OF COM
nencement is also applicable to county commits
sioners, whether elected this year or not. As 70
county superintendent Of schools their Official
term begins Dec. l, 1885 The attorney general
adds that it is entirely unnecessary at this time 10
decide when the terms oil these officers expire.
There is trouble in Lac Qni Parle county, grow
ing out of the recent election. wo1nsn received
the highest number of votes for county superipten
dent and presumably the certincate OF election
| The present incumbent claims that she has no
right TO the nfc,- citing old oniuo1 OF ex-At-
| ~ G eral VII on's, and cai ming Il at tie
hold over Both parties nave ssuei iro Ian all 'ns
| nd fe,i vi. 4, the audlIo roice of their assump
| n of the duties If -he Office. In reply to the
| lat r AK ng VII ch he shall give warrant for
l a ary, Attorney General Hahn yesterday he
Il at the party no ding the certificate or election Is
prina facie entitled TO the salary until the courts
dec e. ihat another has better right to ih4 ONCE
II g not the province Of the auditor to aajudicate
| upon confic. .ng claims TO al office.