St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-03-13
The Council Parts 1t According to the
Recommendation of the Cham
Der of Commerce.
Ristori, the italian Tragedienne,
Makes Her First Appearance in st.
Paul as Queen Elizabeth.
Attorney General Hahn Decides Number OF
Knotty Points of Law for County
Officers.
The Case of Mamie Hildebrand Still Puzzles
the Police-The Day With
Judge Burr.
4 Commission Appointed to Locate the
AIinnehaha State Patchwork of
the Oh arity Association.
Important Meetings of the Water ana
School Boards-The Real Estate
and Court Summary.
OPINIONS FROM GEN. HAHN.
They Cover Various Questions of Moment to
County Offices

County Offices.
Attorney General Hahn has received an in
quiry from B. G. Reynolds, attorney Of Fari-
bault county, asking what effect does per-
son acting as a notary and deputy sheriff
during the same period of time have upon
his several acts and doings as such notary
and deputy as to their validity? Does the
accepting of Office of notary annul
his appointment as deputy sheriff? Doe
his assuming to act as deputy and notary at
the same time annul both or either OF his
offices!
He replies that a notary, as ruled by At
torney General Wilson, holds his authority
under the state and thus is civil officer of
the state. The acceptance of the Office Of
notary is equivalent to the resignati
of the Office of deputy sheriff.
As to third persons, his act
as deputy after accepting the notary
Office would be valid as the acts of de .facto
officer. The attention of the sheriff should
be- called to the matter and a new appoint
ment made. The deputy may get himself
and his principal as well into trouble in try
ing to hold both positions.
COMMISSIONS on MONEYS BROUGHT OVER.
The attorney general answers E. P. Cross
ian. treasurer of Clearwater, as follows
The idea that town treasurer is entitled to a
commission of per cent. on a balance car
ried from one year to another is preposter-
Gus. His fees are to be com puted on sail
moneys paid into the town treasury" The
money he carries over has been paid in and
the fees for receiving and discussing it have
been paid.
sHFRIFF;s CONFIRMATION
In answer to Elisha B. Wood. attorney of
Todd county, stating that the sheriff of that
county claims his fuel for private use,
rooms for his family to live in,
fuel to cook the food of prison
ers, "a per week each for their board and ex-
ira pay for doing their washing, the attorney
general says all these claims are unfounded.
All this sheriff can rghtfully claim in his
list of claims is 81 each for board Of pris-
oners.
To L. NJ. LANCE, attorney of Mobiles county,
asking If the county commissioners can le-
gally appropriate money for rent of family
residence for sheriff, the attorney gen
eral answers "that if the county has
not built a Jail with sheriffs residence or
rooms attached, the commissioners have no
authority to appropriate money for such"
OTHER OPINIONS.
To Isaac Martin, treasurer of Whitewater,
the attorney general says town treasurer
has no right TO per centum on moneys re-
ceived by him from his predecessor. Such
delivery of money by one custodian to an
other cannot be considered new payment
In answer to James A. Smith, auditor of
st. Louis county, the Encouragement de-
eides that there is no appeal from a county
attorney to the attorney general on the qucs-
ton Of the compensation Of county treas
urer. He, however, decides that the county
attorney of st. Louis is right in deciding its
treasurer is to be paid by fees instead Of
salary.
In answer to w. Boright, attorney of lie
Sueur county desiring to know whether the
county commissioners in a certain town can
be made to take care Of certain pauDer, the
attorney decides that the said pauper has
gained a residence in said town, and that the
town, under the special law applicable to Le
Sueur county, can be made to take care of
him. But If the town has already expended
5000 on its poor then the county commits
sioners are not authorized to assist him.