St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-09
INTERPRETING THE LAW.
Several Important Decisions From
the Attorney General.


Attorney General Hahn yesterday gave
an opinion on the powers of trustees of
school districts relative to the handling of
school funds. He says: The board of
trustees have only such powers as are pre-
scribed by law. All moneys belonging to
the district go into the hands of the treas
urer, ana he Is made absolutely liable for
them. II the trustees have authority to
loan on mortgage security, they should, of
necessity, have the right to forecIose and to
buy IN the mOrtgaged property at the fore
closure sale, and thus possibly become the
owners of real estate not needed for school
purposes. This authority would scarcely
be claimed. Nothing but the plaineSt pro-
visions of the law would warrant such
course.
In reply to II. p. Burrell, Judge of pro-
bate of Sherburn county, relative to the
compensation of judges of probate, he saws:
1.-The salary of judges of probate seems to
be never-ending source of ANNOYANCE. II
has been settled as far as the office is con-
cerned that the salary of judge of probate
is fixed Jan. for the ensuing year, and
cannot be effected for that year by the in
crease or decrease shown by the census
taken that year.
In answer to A. J. Campbelrs question
on the claim of teacher for pay during two
weeks that school was ordered closed. the
attorney general says: ut was held BY At
tOrney General Cole that the teacher might.
at the expiration of the term for which She
was hired, maintain an action against the
district for the entire amount of her salary.
if the cessation of the school was occa,
stoned by no fault on her part, andsshe has
always been ready to fulfill her contract,
unless the district can show that during the
time she was engaged in similar employ
ment, or was offered such employment and
refused 1t. This, of course, on the suppo-
SitiOn that there is nothing in the terms of
the contract with the teacher to cover the
point"
WHO IS LIABLE.
In answer to Charles AIeKinna's question
if he the treasurer of Waseca county, were
liable for money paid to a person other than
| the one named on an order from the audi
tor, which had been secured by forgery,
the attorney general says: 81 answer I'M
hesitatIngly, you are. When you paid the
order, not to the person named but to
stranger, the order could be no protection
to you. for you were not proceeding in ac.
cOrdance with its terms. And even had
the forged order filed with the auditor beer
genuine, it would not have warranted YOU
in paying the money to any other than the
payee, because it only profeSSed to author.
ize the delivery to Allen of an order for the
money and to empower him to receipt fol
such order, which order There being NC
positive objection to the contrary was pre-
sumably to be made just as it was made.
The opinion on p. 400 of opinions of attor-
neyS general has no bearing ON such a case
as this"
In response to the inquiry from the at
torney of MeeEer county, if ''when eight or
ten years ago school house was without
authority built upon railroad land and has
since remained there without objection. and
now party, with knowledge of these facts.
purchases the land, can he prevent the re-
mOval of a school house to new site." the
attorney says it must have been the under
standing of all parties that the building was
to be the property of the district by which it
was erected and subject to its control and
disposal. The road could not have prevented
the removal, and consequently the new pur-
chaser cannot.
To the question asked by the clerk of
court of Crow Wing county, whether a
clerk of district court can hold the office of
court commissioner the attorney general
replies: He cannot; the offices are iDcom-
patible. ''IncOmpatibility in offices exists
where the nature and duties of the two
offices are such as to render improper. from
considerations OF public policy. for one in
cumbent to retain both" In some cases it
becomes the duty of the court commissioner
to direct the clerks of court. So the same
party cannot hold both offices.
CANNOT COLLECT FEES.
L. H. McKusick of Pine county asked
if ''under the present law for the collection
of personal property taxes, the sheriff is
entitled to 81 for every warrant returned
where the parties cannot be found in this
county. Or is the affidavit which the law
requires him to make all the return that is
necessary for him to make and all that he
is entitled to from the county? CHAPTERS,
general laws 1885, is quoted, and the attor-
ney general says: 1t only makes provision
for compensation in case of the collection of
the tax. No return, nolle boni of the sep
arate warrants is required by the law, and
no payment for such returns can be allowed.
The legislature in thus limiting the fees,
doubtless designed to stimulate the officer
to make the tax. To provide the same
compensation for failure would be offering
bounty for neglect