St. Paul daily globe., 1896-04-23
K0ERNER WILL Pay
ANOKA HOSPITAL SITE WILL BE
PAID FOR AT AUDITOR DUNN,s
PLEASURE.
STATE TREASURER REcEDEs
FROM HIS FORMER POSITION UPON
AN OPINION OF ATTORNEY
GENERAL CHILDS.
NOT HIS DUTY TO INTERFERE
gality of the Transaction In
vOIved,

Anoka's chances for securing the fourth
state insane hospital are again in the as
cendant. At any rate, Attorney General
Childs yesterday presented to Treasurer
Koerner an opinion that the treasurer's
duties do not extend to the investigation of
warrants further than to see that they do
not exceed the amount Of the appropriation
or the balance remaining therein. The at
torney general says that the state auditor is
the auditing officer of the state, just as his
name implies, and as State Auditor Dunn is
known to be friend of Anoka, it is ex-
pected that he viii make out the warrant as
soon as the abstracts of title are returned in
satisfactory shape. Notwithstanding this,
however, some OF the officials at the capitol
were predicting yesterday that Mr.. Dunn
would not back down and withhold the war
rant until the case is settled In the courts.
State Treasurer Koerner stated yesterday
that, on the advice of Mr.. Childs. he would
pay the money to Mr.. Woodbury., of Anoka,
whenever he presented the auditors warrant
for the amount.
Mr.. Childs' letter to the treasurer is as
follows:
In your communication Of the 10th inst.
you suggest that the state auditor may draw
his warrant upon you in favor OF Mr.. Wood
bury, or Anoka, for the payment of the pur-
chase price of lands selected as a site for
the fourth insane hospital. You request to
be advised whether you are required to pay
the SAID warrant upon presentation to you,
or may properly defer the payment thereof
pending existing litigation relative to the
validity of the action of the board in Sc
lecting a site.
In naming the executive officers of the
state, among whom are the state auditor and
state treasurer, the constitution employs the
following language The further duties
OF such executive officers shall each
be prescribed by law" -
The constitution further provides. that
no money shall ever be paid out of the
treasury of. this state except in pursuance
OF an appropriation by law" (Art. 9, s. 81
LOOKING to the statutes of the state rela-
tive of the duties of the above-named officers
we find that the state auditor is made the
auditing officer of the state. "All accounts
and claims against the state which are by
law directed to be paid out of the treasury
OF the state shall be presented to the audit
Or VINO shall examine and adjust the same
and issue warrants payable out of the state
treasury Tor the sums which are found to be
que from the state, specifying in the war
rant the date of its issue and the name of
the person to whom payable"
he is expected to make appropriate inysstI-
cation into the facts relative to every claim
wnlch Is presented to him, and in further
ance or his duties in such respect and to
guard tne more effectually against error and
author1zed to administer oaths and examine
witnesses in support of the justice of such
accounts as are exhihjted 10 b;,, 60 Sn,-sS 80
tion." ~ 4t40i0'
The treasurer is required to shave eharss
OF and safely keep all public moneys which
are paid into the treasury and pay out the
receive in payment of public debts war
rants rants drawn by the auditor of state in con-
formity to law"
l have, believe, thus briefly called at
uiSin AfI
to your inquiry.
Where an appropriation has been made .for
a speclhc purpose, the expenditure whereof
involves the determination of questions of
fact the auditors warrant implies that he
mas performed his duty in such respect and
should be paid without question by the treas
urer. In such case, the treasurer has no
discretion, and must honor the warrant, as
1t has been drawn "in conformity to law
If, on the other hand, warrant is drawn
for an object for which no appropriation has
ton Is not available. the treasurer is in duty
bound to refuse to pay 1t, as to pursue any
other course would render him as culpable
and liable as the auditing officer by whom
the warrant was unlawfully drawn.
For the purpose of carrying out the pro-
visions Of General Laws 1896, chapter Isl, an
act relative to the selection of a site for a
iature approprated the aegreeae ehe s nesis Of
SIT, 900, of which amount 81, 600 was to be
used "for the purpose of meeting the neces-
sary expenses OF the commission and the
remainder thereof was to be used 'for the
purpose of purchasing the said site and land
for such hospital etc.
In disbursing the moneys so appropriated,
the responsibility rests so far as your Of
fee is concerned, wholly upon the state au-
ditor in determining to whom and for what
amounts warrants shall be drawn, saving,
of course, that they may not exceed in the
aggregate the gross sum appropriated. When
he shall have determined that Mr.. Wood
bury, or some other person, is entitled to
any portion of the moneys appropriated for
the purchase Of a site or lands, and drawn
his warrant accordingly, you have no other
course to pursue than to pay it.