St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-10-13
TRepublished from Sundays Globe
OPINIONS BY THE ATTORNEY GEN
ERAL.
Taxation on Schools and School Houses
Question of Criminal Costs.


The following is the full title of two opin-
ions rendered by Attorney General Hahn
yesterday, the first being in reply to letter
from Albert Rhodes. auditor of Todd county,
to State Auditor w. W. Braden, and reading
as follows:
LONG PRAIRIE, Oct. 6, 1SS4.-Hon. w. W.
Braden, Dear Sir:-Section 40, chapter II.
General Statutes, prescribe the rate Of tax to
be extended not to exceed seven mills for
the support of schools, and one per cent for
the erection of school house.
Now this does provide for the extension of
tax voted at any general school meeting
for the payment Of maturing bonds and
interest. As the bonds were in every case
issued to build school houses, the practice in
this county mas been to extend a tax for
bonds not to exceed ten mills for building
purposes. Is this proper!
Some districts have reported the amounts
levied by the board of trustees according to
section IS, chapter SO, General Statutes.
This action does not prescribe a maximum
. rate. VIII it be lawful to extend the total
amount so certified regardless of the rate, or
is it to be limited by chapter II (section go,
General Statutes' ALBERT RHODES,
Auditor Todd County.
The attorney general replies as follows,
this letter having been submitted to him by
the state auditor:
ST. PAUL, Oct. 10, 1sS4.-Hon.- H. W.
Braden-Dear Sir: You desire my opinion
on he maximum rate of tax allowed to
school districts for building purposes and es-
pecially as to the construction OF section %,
chapter SO, General Statutes, in connection
with section 40 of chapter IL.
BV section 40 of chantpr school Districts
are restricted as TO the amount of levy 10
nine mills for the support of schools and
to one per cent. for the erection of a school
house. This is the maximum. But by sec
ton 36 of chapter 26, the trustees of a school
district are authorized to issue orders or
bonds in such amounts and at such periods
as they may be directed by vote of two
thirds of the legal voters present and voting
at any legally called meeting OF the same.
By section % the proceeds of these bonds
may be used in the erection of school
house. By section % the board of trustees
are directed and authorized to levy a sufff-
cient amount in each year to meet the ma
turing principal and interest on such bonds.
1t would seem, at first blush that these two
sections (section IS, chapter &c, and section
40, chapler H. were inconsistent,
but they are to be construed together
and so contriyed, ii possible, that botn may
be given their full effect.
Where bonds have not been issued a ma
joTity Of the legal voters present at the an
nua meeting are to decide the amount of
tax to be raised, and in that case section 40
applies and the rate is limited to | per
cent But where bonds have been issued
the legal voters have no longer any control
over the amount of tax levy, but the law i'm
poses that duty upon the trustees and i'm
peratively requires that a sufficient amount
shall be raised to meet the maturing Obliga-
tons This is a contingency staring the
people in the face at the time they are voting
the bonds, and as it requires a two-thirds
vote to authorize the increasing of the debt,
it is equivalent to a two-thirds vote authoriz-
ing the levy. These two sections, therefore,
are not inconsistent They provide for two
different matters and are authorized BY diff
ferent majorities. The one is 10 provide for
future Indebtedness thereafter 70 be con
traeted; the other to meet the maturing obli-
cations of the district therefor incurred.
In the former, great care should be exer-
cised. In the latter, the utmost liberality
allowed Yours truly,
". j. HAHN, Attorney General.
The second opinion was given in response
TO the following letter:
Wadena, Sept. 90. 1884.
Hon. W. J. Hahn: Sir-Has the exAmin-
ing magistrate, under chapter 106, general
statute 81, relating to the examination Of
offenders, authority to impose the costs of
prosecution upon the complainant when be
finds there il not probable cause for charging
the prisoner with the offense for which he is
accuseGi
Are there any authorities sustaining the
magistrate in that position If he imposes the
costs,
] nave case Of that kind and can find
nothing to sustain that position. Respect
fully, Z s. BROKER,
Attorney of Wadeua County.
The following is the attorney generals re-
ply TO the interrogatories:
ST. Paul, Oct. IL, 1Ss4.-A. S. Broker,
Esq--Dear Sir: In reply 70 your first ques-
ton, think not. fad nothing in chapter
106 authorizing IT, and without express war
rant the justice would have not much power,
in M opinion BIZ section 157, chapter IS,
where defendant, on trial, before justice,
il acquitted. and the justice certifes that the
prosecution is malicious, be can impose the
costs on complainant But this is limited
to cases where the defendant is acquitted, and
has no reference to preliminary examina-
tons. Yours truly,
W. J. HAH<. Attorney General.
: CowLET: HOpel fortunes cheating lot
tery; when for one prize hundred blanks