St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-04-16

can hold that office and that of notary
public at the same time, Attorney General
Hahn replies that the duties of one office
are not inconsistent with those of the other
and that he can hold both.
A. M. Sperry, superintendent of schools
in Dodge county, writes the superintendent
of public instruction in reference to the le-
gal powers of teacher in regard to enfOrc-
ing order and discipline in his school in the
case of boys too large to be fogged and too
incorrigible and vicious to be reached by the
usual influences. This matter was referred
to the attorney general, who agrees with
Mr.. Sperry that such pupils can be summa-
rily suspended by a teacher and made to
withdraw from the school pending the ac-
ton of the school board, and without wait
ing for an order of the trustees. The law
gives teacher power to enforce prompt
obedience to his lawful commands, and if
he fails to use his power he is unfit for a
teacher. In the school as in the family,
there feXists on the part of the pupils the
obligations of obedience to lawful COM
mands, subordination, civil department., re-
spect for the rights of other pupils and fidel-
ity to duty. These obligations are inherent
in every school system and constitute the
common law of the school.
In answer to W. f. Sawyer, attorney of
Steele county, asking if an outside county
could come under the 81 fee allowed a
county sheriff for the board of a prisoner,
the attorney general says it has not. He
thinks the sheriff of one county having in
his custody the prisoner of another county
sent there by the same, would have right
to provide necessary bedding, clothing, fuel
and medical aid for such prisoner and have
a valid claim for this expense against the
county from which the prisoner is received.
PERSONAL TAX LEVY.
J. T. McGOvern, attorney of Wabasha
county, writes as follows: Section So of
chapter 2, general statutes 1878, as amended
by the last legislature, provides, that if a
delinquent personal property tax is not paid
on demand the sheriff shall distrain sufficient
goods belonging to the defendant, etc. 1t
seems to me that a demand is necessary
before the sheriff can resort to distraint.
In this county there is large amount of
delinquent personal property tax. and there
are several cases in which the delinQuents
have removed to distant part of the state,
and some to Wisconsin, still having per-
sonal property in this county. Will you
give me an opinion how proper demand
can be made on these parties?"
In answer the attorney general says a de-
mand is necessary, and i'll case the tax is
not paid on demand distress is author
lied. The statute authorizes an officer to
levy distress only in certain event or a
particular condition of affairs. The event
must have happened or the facts exist be-
fore he can make levy. A demand is a
necessary prerequisite in order to Justify a
levy. When tax payers have removed to a
distant part of the state, sections 63 and "a
of the statute, as amended, provide what
is to be done to collect personal tax
against such. Where the tax payer has left
the state there is no way, as see, for the
sheriff to make the necessary demand so as
to justify the levy of distress.