St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-03-20
ATTORNEY GENERALS OPINIONS.

Affecting School Districts and County Officers
The attorney general, in an opinion yes
terday in answer to the question if notary
public has the power to take acknowledge
ments outside the county in which he lives,
replies that the statute provides that each no.
tary public has power throughout this state
while residing within the county for
which he was appointed to ad-
minister oaths, take acknowledgements, etc.
He gives an affirmative reply to the question
Of J. W. Glassford, auditor of Sherburn e
county, asking if the county treasurer is en-
titled to fees on money paid into the county
treasury for REDEEM ption from tax sales, and
also to fees on money passing through his
hands on the appropriation by the legislature
of $4,000 for assisting to build a bridge.
George W. Somerville, attorney of Brown
county, inquired in regard to an attempt at
draining certain land under chapter los,
general laws of 1883, in which petition in
legal form was filed, viewers appointed, a
survey and estimate of cost Of construction
made, ditch established, and sale OF shares
held at which there were no bidders present
LIE attOIHCy Iuics tuC piOSCSuihSo onoCi
this action have lapsed.
/. P. Larson of District SO, Renville
county, having appealed to the superintend-
ent Of public instruction to know what is
meant by the ''center of a school district, +"
the latter submitted the poser to Attorney
General Hahn, who decides that this center
is the geographical center" OF the district
and not the center of the population therein.
Another school district question PROFOUND
ed by A. j. w. Thompson of Hastings,
auditor of Dakota county, is whether the
funds on hand in the consolidation OF three
school districts in one are TO be paid over to
the treasurer of the consolidated district.
Attorney General Hahn is of the opinion that
they must be paid over if the consolidation is
legally effected. He says the property of a
school district is not held by II for the use of
its inhabitants, but for the performance OF q
public service. The district holds such prop
erty in trust for the uses and
purposes for which it was created
In passing upon similar ques-
ton, the supreme court of Massachusetts,
says, "When a school house Is erected by a
district, the legal title rests in the district.
But the district may be con-
sidered az holding the property in
trust for the town or It's inhabitants, and
when the town abolishes one district and
creates another the property Immediately
vests in the new district, as property holden
in trust passes from one trustee 10 another,
when one dies, resigns or is removed and
another is appointed In his
stead. Whenever, therefore, a town
forms new districts by aboishng
the old one, the legal title to the existing
school house vests in those new districts
within whose territory they happen to fall"
This decision was twice affirmed in two other
causes in the Massachusetts supreme court,
in which decisions the court said: ''School
districts are organized for convenience of its
local administration. But the district prop
erty created for public purposes of taxation is
none the less devoted TO the public service,
and held as trust in subordiuatiOn to the
general power of the town. Upon the crea-
ton of the new district, the two former dis
tricts ceased TO exist as districts except so
far as might be necessary to secure the rights
of those having claims against or contracts
with them. The property OF each became
Immediately vested in the new district sub
iect to such outstanding rights" Gen. Hahn
concludes BY saying that he can add nothing
to the force or clearuess of the reasoning in
the above decisions of the higher court