St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-04-12
NR.KOERpER'S
ATTORNEY GENERAL CHILDS MAY
REFER HIM TO HIS CON-
SCIENCE.
RULING ON HIS POWER ONLY.
HE HAS THE RIGHT TO TIE UP
ANOIXA5S MONEY AS HE
PLEASES
RULING ON HIS POWER ONLY
nut HE NEED NOT GO BEHIND
The Face of n Warrant Presented to
Him-SOme Authorities Have
So Said.

Present indications are that Anoka will be
much nearer it's insane hospital or, at least,
that Mr.. Woodbury., of Anoka, will be much
nearer his money by Tuesday of this week.
At present he is waiting not upon Auditor
Dunn, who is scarcely less DESTROYS than
Anokans themselves that the hospital be 10
Gated there, but on the attorney general and
ftate treasurer. Mr.. Koerner has expressed
the opinion that he ought not to pay the
money until the merits of the Hastings con-
tcoversy have been decided in the courts.
However, not desiring to rely upon his own
personal judgment, he asked the attorney for
legal advice in the premises. The latter Off
cial has spent the greater portion of this week
in looking up the legal aspects of the situa-
tion, and it is understood that he will COM
municate the result of his research to the
auditor and treasurer tomorrow While he
would not anticipate the contents of his Off
eial communication in an interview with the
G o b e yesterday, the attorney general did
indicate that the treasurer could find ample
authority for paying the Woodbury. warrant
on It's face. At the same time Mr.. Childs
explained that If Mr.. Koerner continued in
his previously expressed position there was
a." Po"ei1 aPPdIeHtly, at least, TO compel him
to pay 1t, nor would any marked advantage
to Anoka result from the Immediate nav
ment. There is no appropriation for building
the hospital, and the site will have to re-
main unimproved until the next session of the
legislature, at the inside. Mr.. Childs said:
State Auditor Dunn has submitted to me
the deeds to the property in Anoka, and have
passed on the title down to the time of the
rendering of the deeds to the state. The title
IS substantially in the man who would be the
states grantor-Woodbury, 1 think is his
name 1t Is true there are several small
clouds on the title, but they do not amount
TO very much.
Mr. Koerner might feel that until there has
been an ultimate determination by the su-
preme court as to the validity of the selec-
ton of the Anoka site, he ought not to honor
the warrant of the state auditor. 1t is ordin-
arily believed that the state treasurer is not
concerned as to the validity of the claim for
which the warrant of the auditor is drawn
upon him, and that he assumes no RESPONSE
bility by paying such a warrant. l have been
requested and shall advise him as to his legal
duty in such case, but do not wish to
anticipate my instructions to him.
In his request Mr.. Koerner simply advised
me that he understood that warrant for the
purchase price of the property would be drawn
on him by the state auditor, and he desired
TO have outlined his duty in the matter. It
is a debatable question to whether, as a
general proposition. state treasurer should
inquire into the merits of a claim when an
auditors warrant is submitted.
"a state treasurer is a conshtutisaSl on