The Saint Paul globe., 1897-05-19
DAHL MAY MAKE HOOKS.
HOnOrs May Not Inter-
rupt His Shorthand Prac tfce.

Attorney General Childs has ruled
that Representative John F. Dahl is not
| debarred by his legislative office from
occupying a position as court reporter
in Hennepin county, the ground being
taken that the minor office is purely
clerical, and confidential, and not con-
ficting within the terms Of the de-
cision Of the supreme court in the SUIT
ten case. He writes as follows:
Application is made for the filing of an
information by the attorney general to test
the right Of John F.. Dahl to occupy the
position of court stenographer in and for the
Fourth judicial district The application Is
based upon the ground that the said Dahl
was member of the legislature of 1897 and
for such reason is prohibited by the constitu-
tion from holding any other Office under
authority of the state.
Perhaps the position in question does not
constitute an Office within the meaning of
the constitution, but my reading of the spe-
cial laws regulating the subject inclines
to the affirmative view.
Be this as it may, the attorney general
will always consult the public interests when
questions Of this nature are presented to
him. That has always been the rule Of this
department and it. would seem to be just
and salutary one. Where private rights are
involved or where the office is one which is
so intimately connected with state government
that a member Of the legislature could not
hold the same without plain palpable and OBJ
noxfous violation of the constitution, informa-
ton should be fled In the matter presented
none Of these circumstances exist No ad-
verse private rights are involved; no citizen
asserts an invasion Of his private rights
touching the said position; nor can the hold
ing thereof be characterized as above indi-
Gated
The position is distinctiyely Of a clerical
character and the incumbent thereof sustains
a most confidential relationship to the Judge,
by whom he was appointed and during whose
pleasure only the position is maintained. 1t
must be presumed that the appointment was
made because of the confidence of the Judge
in the ability and strict integrity of the ap-
pointee To say that the public welfare de-
mands that the attorney general file an in
formation to deprive fsuchs an incumbent of
his position under such circumstances would
be to deny that he has any discretion in any
case, a conclusion to which am unable
to assent. The adoption Of such "a view by
this office would necessitate the filing of an
information in every case in which member
of the legislature is found to be a notary
pubic, or to hold any village or township or
school district Office The very statement
of the proposition suggests the extremity to
which the contention of the applicant neces-
sarily leads. E w
am presented with communication signed
by four of the district Judges Of Hennepin
county including the one by whom Mr. Dahl
was appointed to the said position, in which
thew ioin in an expression of the opinion
that no public interest demands the filing of
an information in the. said matter. Such an
expression Of views from such a source is
\ entitled to great consideration, and were I
now in doubt as to my duty as to the appfica-