St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-06-04
Attorney General Childs In
dites an Opinion That Is
Well Liked.
Eight Thousand Dollars in
Sight to Uncover Pine
Land Steals.
A Surplus in the Legislative
Expense Fund Can Be
Drawn On,
But the $4,000 Joint Reso-
luton Is Of No Force or
Effect.

At the meeting of the committee on
pine land investigation a week ago the
attorney general was requested to give
an opinion upon the joint resolution
empowering the committee to prosecute
the work cut out for it by the legisla-
ture, and this opinion was submitted at
yesterdays gathering. 1t is appended.
The committee perfected an organl-
Zation by the election of Senator Dedon
as the sergeant-at-arms, and he was also
designated as the cruiser of the commit
tee. 1t Is his province to survey and
inspect lands. Senator Dedon is an
expert lumberman, and it was greatly
regretted by the more Jealous members
of the committee that he was not re-
tanned as a member of the investigating e
committee, as he did vast amount of
valuable work during the progress of
the investigation made by the commit
tee last winter. Representative Charles
F. Staples was chosen secretary.
At yesterdays sitting nothing Of i'm
portance was transacted, other than re-
ceivlng the opinion of the attorney gen.
eral, passing upon some minor bills con-
tracted for publishing notices. and ef-
fecting permanent organization. All
the members of the committee were
present save Representative Cotton,
who was unavoidably absent. The next
meeting will be held Immediately upon
the return of Senator Donnelly from
Chicago, where he goes as delegate to
the antitrust conference. Below Is the
Attorney Generals Report
His Excellency, Knute Nelson. Gov
ernor of Minnesota.-Sir: On behalf OF
the provisions of Senate File Number
SIT, approved April 1S, 1893, you call at
tention to the provisions of said resolu-
ton, and request my views as to the
availability of the appropriations there
by sought to be made, for the purposes
therein named.
The said resolution provides for the
creation of committee to be composed
of three members of the senate appoint
ed by the president thereof, and four
members of the house appointed by the
speaker thereof. The committee so ap
pointed is authorized to conduct inquiry
touching whatever frauds may have
been committed at any time in any part
of the state, relevant to the several
classes of state lands therein enumerat-
ed, and is armed with the requisite
authority for carrying on such investi-
CATION.
The appropriation named in section
of the said resolution is of a two-fold
character, as it not only contemplates
the necessary per diem and expenses in
cident to such investigation, but like
wise approprlates $4,000 to be available
by the governor in employing agents to
make inspection and appraisement of
the timber standing on school lands.
1t is at once apparent from the terms
employed In the resolution that the first
part of the appropriation thus sought to
be made is designed for the purpose of
carrying ON an investigation by COM
mittee duly created by the two branches
of the legislature, and composed CT
members thereof. No question can
arise as to the authority of the commit
tee to prosecute the investigation con-
templated by the resolution, nor as to
the authority Of the legislature to pro-
vide for the pecunlary needs of such
committee essential to the prosecution
of Its work. The latter could be ac-
complished in either one of two ways:
First-By setting aside therefor sut-
ficient of the appropriation made for
legislative expenses, If the requisite
amount thereof remains uneXpended.
Secondly proper appropriation by
law, out of the general revenue fund.
A Surplus in Reach.
The latter course was not pursued, and
the only question now properly arising
is whether the language of the resolu-
tlon providing for an appropriation is
tantamount to the former. You state
that there now remains in the state
treasury, of the appropriation made for
legislative expenses, the sum of $4,000
or thereabouts. That this was properly
available by the legislature for the use
of its committee cannot be seriously
questioned. (State VS.. Oglevee, 50 Ohio
St.. 324.)
The journals of the respective houses
of the legislature disclose that resOlu-
tions for the disbursement of an apprO-
priation for legislative expenses are
framed in a variety of expressions, and
they are always honored by the treas
urer whenever the intent is manifest
that they are designed to provide for
the disbursement of some part of such
an appropriation. 1t would not, in my
opinion, do violence to the meaning OF
the resolution in question to hold that
the legislature designed to place at the
service of the said committee pre-
scribed amount of the uneXpended ap-
preparation for legislative expenses,
and you are so advised.
The $4,000 Doesn't Go.
But the resolution In question makes
provision also, as above suggested, for
an Appropriation of $4,000 to be avail
able by the governor for the purposes
therein indicated. So far as the ques-
tien involves this laSt-named appropria-
ton, you are advised that the resolution
is without force or effect. and that such
appropriation will not be available by
you for any purpose whatever.
The views herein contained. it is
proper to remark, are not at variance
with those expressed in an opinion
rendered by me to the state auditor
under date of May IS. 1898. l then had
under consideration resolution pro-
viding for an appropriation TO defray
the expenses of a committee which was
not appointed by the legislature, but by
the governor, and which was not COM
posed of members of the legislature,
but by such persons as the governor
was pleased to appoint, and by no cou-
structicn could the appropriation be
held to be disbursement of moneys set
apart for legislative expenses. The two
resolutions are, therefore, so far as the
appropriation of the committee is con-
cerned, radically dissimilar in char
acter. am, very respectfully,
I'll. w. CHILDs,
4 fx.,a