The Saint Paul globe., 1897-09-07
LOCAL STONE MEN HOPEFUL.
STAND BY THE LAW OF
1895.
MINNESOTA STONE WAS NAMED
Therein, and 1t Is Relieved by Some
That the Auditor Will BE
Strictly Literal.

ants against the selection of Georgia
marble for the new state capitol should
ask the state courts to set aside the
decree of the commission, there was
still an opening for the decision of the
board to be nullified. The law which
was passed by the last legislature,
which permits the board of capitol
commissioners to anticipate its actual
cash resources, provides that it may is
sue certificates of Indebtedness to be
payable out of it's annual revenue of
practically $4,000 The law also pro-
vides tina these certificates shall be in
such form as the said board and the
state auditor shall determine, and shall
be signed by the vice president and
secretary of the board of state capitol
commissioners, and cOuntersigned by
the state auditor. who shall make and
keep proper register thereof, showing
the date of each issue, it's amount.
rate of interest, etc.
The opponents of the Georgia marble
are basing not little hope on the inn
probability of the approval of the certi-
ficates by State Auditor Dunn. Mr..
Dunn lives at Princeton, not far from
the st. Cloud granite quarries. He is
known as tenacious fighter for his
convictions. He has stood for his
neighbors before, notably in the Anoka
insane hospital case, where he helped
out the townsmen of Granville S. Pease
by paying over the money for the site,
pending the settlement of disputes as
to it's location The st. Cloud people
claim that Dunn will not countersign
the certificates of indebtedness, in
which event the commission must be
bound down to the expenditure of bare
ly $4,000 a year, at which it would
take them five years to complete the
Butler Ryan contract, which, with the
assistance of the certificates of indebt-
edness, may be completed within two
years or little more.
Mr.. Dunn was out of the city yester-
day and could not be interviewed as
to his intention in this regard. The
G o b e was informed, however, that
Mr.. Dunn, if he finally decided to take
this position. would base his action
upon chapter BAT, Laws of 1895. which
provides that the commissioners shall
use Minnesota material in the con-
struction of the new building. 1t be-
gins as follows:
An act to provide for the use IF stone
in the construction of public buildings for
which funds shall be appropriated by the
state of Minnesota.
Said stone shall be Quarried cut and dressed
Be it enacted by the legislature of the state
of Minnesota: Section 1. All natural stone
which shall hereafter be used in the construc-.-
tion of public buildings or other structures
from which funds shall be appropriated by tho
state of Minnesota. shall be quarred. cut
nr6 nd xx,ith fhn hAtrn rio nf tha
state Provided, that this section shall not
be construed prohibiting the use of stond
of at least as good quality for such
institution and buildings whenever the cost
thereof is less than that of native stone.
The qualifying clause which has been
assumed to give the board the right
to buy Georgia marble, or any other
product which is unobtainable in Min
nesota, has been interpreted by legal
by the st. Cloud people, Mr.. Dunn's
political and personal friends, to be SO
evidently a pretext to evade the en-
forcement of the general purpose of
the law that the courts will set it aside,
if it ever gets to them.
1t seems, however, that it is really
a matter in which the auditor "has the
last guess" as the saying is 1t is
assumed, at least by the opponents of
the Georgia crystal, that, should Audi
tor Dunn decline to countersign thu
certificate of Indebtedness, the market
would be closed to the certificates, so
that Whether or not the commission
might be able, by legal proceedings, to
compel the application of the executive
pen, the Minnesota stone men would
have the actual victory. inasmuch as
the certificates would be unstable.
hnc
stated, has not been publicly announc-
I'd. but that he has intimated to his
friends that he will take the action
told above, is not deniable.
Even should capitalists with the re-
1uisite funds. interested perhaps, in
the fulfillment of the contract at as
Early a date as possible, take the GER
tificates, and assume the chance or
compelling the auditor to cOunterS1gn
hem as required. the state treasurer,
who Is made by the law of last winter
he custodian of all funds resulting
from such sale, would refuse to pay
any money on warrants not counter
signed by the state auditor. so that
each Individual claiment, under the
which contains the provision
objected to. would have to resort 10
he courts to maintain his rights,
Some even go so far as to say tnat
he courts are powerless, should the
,uditor take the reins in his own hands.
They cite the case of theAnoka trouDie
already mentioned. when Judge Kelly
that the state ofncers
,revent further complications In the
,ase by withholding the money unth
he adjudication of the difficulty In the
higher tribunal In spite OF TINS, say
hese neople, the executive department
vent ahead and paid for the site, and
While the legislature subsequently took
IN opposite position as to the location,
+ was helpless, as were the courts, so
ar as related to any possibility of in
tituting any action to recover the
money thus paid.
The position taken by these people is
hat the executive acts of the auditor,
he governor, treasurer, or other execu-
i've officer, are beyond question by
coordinate branches of the govern
nent, save as they may bring him
within the danger of impeachment
Charming Seabury chairman of The
commission, takes no stock whatever
n the tale that the state auditor
means to take this position. why
10 not see how the story can be cor
ect," is the way he expressed himself
o reporter of the G o be. AS pro-
'ided in the bill which passed the leg
the certificates of indebted
less must be drawn in proper form. ap-
proved by the commission and the au-
Iitor and registered in his office. They
we're prepared very carefully. with the
i'd of some legal talent, and we have
he auditors approval of the form IN
,ur files. I know of no reason why ne
hould take that position. There has
ever at any time been even the slight
st intimation of such a thing, and If
here had L think I should have known
omething about it. When the bids
re opened, and the certificates are is