St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-08-13
TINE LAWS MEANING.
AS Interpreted by the Attorney Gem
eraI in Seven Cnses.

Seven opinions were sent out by Att0r-
Eey General Hahn yesterday. In response
10 Charles 4. Johnson, clerk of Nicollet
county, the attorney general cites former
opinion of his own, to the effect that dis
trict clerks can collect fees for indexing
new records only, and that the law passed
last winter does not apply TO all records in
the Office.
In response to Erick Erickson, county
superintendent of schools for Renville
county, as to q contract with a teacher to
teach for a certain length of time, at a
certain price, to be changed if a change in
length Of term was made, the attorney
general says the trustees had no authority
To make a contract of the nature indicated
without the consent Of the district
J. Z. Sullivan of East Grand Forks asked:
eff piece Of land be bonded for school
purposes and the same be cut off and an
neXed to another district, will this land be
taxed to pay the bonds in the first district"
The attorney general says:
f the change was made before the tax levy.
it will not; if made after the taxes were lev
led, the land will be taxed for that year to
help pay the Indebtedness of the district fro
which il was set OF, and thereafter only 20
support schools or pay indebtedness of the
district to which it is annexed. A piece of
land is subject to taxation each year to raise
bonds Of the district to which it was annexed
at the time Of the levy of the taxes that year.
w. I. Sawyer Of Steele county asked:
Where the clerk Of court requires and
takes of juror or witness in state cases an
affidavit Of travel and attendance at court
is he entitled to receive therefor more than
the statutory fee of Is cents for the certii-
cate; and does the law require him to make
affidavit of witness or juror of such travel
and attendance before granting such Ger
tilicate? The attorney general quotes sew
eral statutes 10 show that the fifteen-cent
fee is ali that is provided for He further
says:
There is no law requiring the clerk to ad-
minister an oath to each juror and witness
The clerk is expected to satisfy himself that
the certificate he issues is correct, and to do
this it may be necessary in some instances to
require the party to make oath to the correct
ness OF the claim for compensation.
LIQUOR LICENSES.
II. W. Brown of Marshall county stated:
Under the general statutes 1888, all licenses
for the sale of liquors expired in January of
each year; under the new village laws such
licenses expire on May 1, each year. What
must be done in regard to licenses issued
last January in villages which have been
re-incorporated under the general laws of
1885 between May and January? Can
such villages issue short licenses from jan
uary to May? After such re-incorporation
is it necessary that all ordinances, ETC.. be
republisbed before having the force of
law? The attorney general says:
By chapter 23l, general laws 1883, all vii
lagos declared incorporated under the laws
OF 1858 are legaliZed, and the act declares
that ''all official acts of all persons heretofore
acting as officers of any such village are
hereby legalized and declared TO be of the
same force and validity as if such village or
villages had been duly organized and incor-
Dorated from the date of the entry Of the
Judgment or filing of the order of the district
court purporting to Incorporate any such
village under said act of 1888. Chapter l45
of general laws 1885, provides for the govern
ment OF such villages in the future to the
end that uniformity OF village government
and equal privileges to all may be secured
There is no reincorporation, and no re-enact-
ing or republishing of ordinances is neces-
sary. All the change made is in the future
government of villages. There is nothing in
the laws of 1885 that prohibits a village coun-
Gil from granting license to run from Ian
to May /. BY the provisions of section 4S
all licenses will expire on May l, no difference
for what term the council may issue them.
Licenses granted on Jan. last, for year,
Gid not expire on May last as there was no
election under the law of 1885, but hold good
until Jan. l next. 1t would then be proper
TO issue short term licenses to run until
May1.
INDEPENDENT SCHOOL DISTRICTS.
In communication from w. E. Snow.
with reference to certain matters relating
TO independent school districts, it was stated
that petition calling meeting to consider
the question Of changing the district to an
independent school district, ''signed by
names enough, but not six freeholders,
unless party is made freebooter by vir-
tue of his wife owning real estate in her
own name" was duly posted. The time of
the meeting was announced as z o'clock
Before that hour the meeting was called to
order and officers elected. AT z o'clock a
motion was made to adjourn, put by the
mover and declared carried. Some of those
present remained, some voted twice on the
question of change, about fifty who were
not residents of the district voted and the
result of the ballot was declared 81 against
to 100 for the change.
The attorney general says: Unless the
notice posted is according to law any action is
void. If the notices posted were not signed
by six residents Of the district who owned
real estate they were in no effect. The cast
ing of illegal votes would not render the
election null, unless it should appear that
such votes changed the result of the election.
The meeting was probably void from the
start and other objections need not be con-
sldered.
CENSUS TAKERS FEES.
In response to John Black of Big Lake,
asking If he is entitled to the amount al
lowed by the state for taking the census. in
addition to the So day for assessing" the
attorney general says:
If the assessor, who is made by the law of
1899 the state census taker of each town, had
made his Enumeration as census taker first