St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-10-12
OPINIONS BY THE ATTORNEY GEN.
ERAL.
Taxation on Schools and School Houses
Question of Criminal Costs,

OA ASSnbOAO NShN OOiAOOA 1lOuCSc
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 IL,
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
a 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 has been to extend a tax for
bonds not to exceed ten mills for building
purposes Is this proper2
Some districts have reported the amounts
| levied by the board of trustees according to
section %, 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 29),
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.- Fl. w.
Braden-Dear Sir: You desire my opinion
on The maximum rate of tax allowed to
school districts for building purposes and es-
pecially as to the construction of section IS,
chapter Sc, General Statutes, in connection
with section 40 of chapter II.
| By section 10 of chapter II school districts
are restricted as TO the amount of levy to
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 SO of chapter &c, 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 a 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 a school
house. By section 90 the board of trustees
are directed aLu authorized to levy sufii-
! cient amount in each year to meet the ma
turing principal and interest on such bonds.
J 1t would seem, at first blush, that these two
sections (section %, chapter SO, and section
| 40, chaper I'D were inconsistent,
but they are TO be construed together
and so contrived, # possible, that both may
be given their fuil effect.
Where bonds have not Been issued a ma
| jority of the legal voters present at the an
nual meeting are to decide the amount of
tax to be raised, and in that case section 40
applies and the Fate is limited to | per
cent. But where bones have been issued
the legal voters have nCf longer any control
over the amount of tax levy, but the law i'm
poses that duty upon the trustees aud 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-thrds
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 TO provide for
a future indebtedness thereafter to be con-
tracted; the other to meet the maturing obi
cations OF the district therefor incurred.
In the former, great care should be exer-
cised. In the latter, the utmost liberalitv
allowed. Yours truly,
W. j. HAHN, Attorney General.
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 10 the examination of
offenders, authority TO impose the costs OF
prosecution upon the complainant when he
finds there is not probable cause for charging
the prisoner with the ofIense for which he is
accused.
Are there any authorities sustaining the
magistrate in that position if he imposes the
costs.
have case of that kind and can find
nothing to sustain that position. Respect
fully, E S. BROKER,
Attorney OF Wadena County.
The following is the attorney generals re-
ply to the intcrrOgatories:
ST. PAUL, Oct. IL, 1sS4.-A S Broker.
Esq.-Dear Sir: In reply to your first aues-
ton, l think not. find nothing in chapter
106 authorizing 1t, and without express war
rapt the justice would have not much power.
in my opinion. By section 157, chapter 65,
where a defendant, o., trial, before Justice,
is acquitted. and the justice certifes that the
prosecution IS malicious, he can impose the
costs on complainant But this is limited
to cases where the defendant acquitted. and
has no reference TO preliminary examina-
tons. Yours trulv
j. HAIy, Attorney General.
Buffalo BilFs Prairie "Pard--