The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-01
SLIP 1T ANDERSON
COUNTY COMMISSIONERS DECIDE
TO PROCURE PROPER LEGAL
ADVICE
ON A MATTER III DISPUTE.
THE C0UNTY'S LEGAL DEPART
MENT HAS TRIED 1T TWICE
WITHOUT SATISFACTION
Gricvcd to Learn That the Law Put
ting Officers GA Salary Is
UNCONSTITUTIONAL

Another legal adviser is in demand
by the board of county commissioners
CT Ramsey county. The county attor-
ney is in bad odor with the solOns.
They refuse ito stand f." his reversal
of himself, and have Instructed the
committee on ways and means to pro-
cure proper legal advice. There is the
Old Nick to pay all around.
1t all happened at a special meeting
of the board Of county commissioners
held yesterday afternoon between
and o'clock. County Attorney Ander-
sons ears must have burned. County
Auditor Sullivan read his two opinions.
one rendered last January, holding
that the county commissioners had the
power to pass the resolution raising
their own salaries and the last opin-
ion declaring this and other resolu-
lions fixing the salaries Of other coun-
ty officials invalid. Then Mr.. Sullivan,
like Brutus, paused for a reply.
Two or three of the commissioners
responded with sarcastic jokes at the
county attorneys expense. One sug-
gested that the board request a third
opinion and then the board could Sc
lect the second best. Another suggest
ed a vote Of thanks to the county at
torney for his second opinion. Still
another wanted to know whether
County Attorney Anderson was the
whole thing or only half a thing.
In calling attention to Mr.. Ander-
sons pOpHiotiTo ODipiOr,c Sullivan
first read his own letter to the county
attorney, dated Jan. 10, 1897. in which
he requested the latter's opinion as to
the validity of the boards resolution
raising the salaries of It's members
from $25 month to $3.50 Then Mr..
Sullivan read the county attorneys
opinion in response thereto, dated Jan.
%, as follows:
You on Jan. 10 handed to me written re-
quest as county auditor for an opinion as to
the power Of the board OF county commits
s,oners of Ramsey county to fix the salaries
or the county commissioners for the year 1897
and subsequent years under chapter 301 Of
the laws Of 1885 The board Of county COM
missioners at a meeting held Dec. %, 1885,
passed the following resolution:
Then follows the resolution set forth in Mr.
Sullivan's letter. Continuing, Mr.. Anderson
says:
That act of 1895 imposed the duty upon
said month of December and to fix the sala-
ries Of all county officials of Ramsey county
with certain exceptions. The county COM
missioners are county officials, and it became
their duty and, in my opinion, they were en-
powered to fix the salaries of the county COM
missioners as set forth in the resolution.
Whether or not the law is constitutional Is
not involved in this opinion.
After Mr.. Sullivan had finished, he
surveyed the county commissioners
with an expression Of righteous indig-
nation. Then lifting his right hand
and bringing it down with a right Wig
orous thump on his desk, the county
auditor exclaimed:
Some county official is siding in with
the county attorney in this matteri AS
you all see, 1 asked the county attorney
last January If the acts of this board
were legal. He said they were, and
now he says they're not, and declares
he was never asked for an opinion on
this question before"
Mr.. Sullivan next read the second
and last opinion Of the county attor-
ney, which was published in yester-
days G. o e. After finishing this Mr..
Sullivan called attention to the fact
that Mr.. Anderson had seen fit in his
second opinion to also declare invalid
the resolutions changing the offices Of
register of deeds and sheriff from the
fee to the salary basis.
81 didn't ask him about that" ex-
planned Mr.. Sullivan. Il simply inqur-
ed what l should do with reference
to issuing warrants for the salaries of
Commissioner Moritz and County Sur
veyor Johnson. l didn't ask about the
Offices
81 see," interrupted Commissioner
Mcritz in as sympathetic tones as he
can command you didn't want to
Know anything about that"
'Of course" quickly responded Mr..
Sullivan. 81 had one opinion and what
the devil did 1 want another opinion
for?" The commissioners laughed and
Mr.. Sullivan continued:
81 can't, for the life Of me, imagine
how Mr.. Anderson could make such a
grave mistake as to say through the
public prints that he was never before
asked for an opinion on this subject"
Commissioner McCarron-I move the
board extend a vote Of thanks to Mr..
Anderson for his opinion. Gaughter)
Chairman Doran-This is not a mat
ter to be treated with levity. It is too
serious. 1 would like to hear some
opinions as to the proper course to
pursue.
Commissioner Quehl-Let's send to
the county attorney for a third opinion
and choose the best two out Of the
three. Qaughter)
COMMISSIONER 11dTulCh-W1u some
body explain what the duties of the
county attorney are anyway, whether
he's the whole thing or only half a
thing?
Just then Assistant County Attorney
Zollman put in an appearance Cues
tened concerning the law of 1895, he
explained that the constitution required
that no act of the legislature could en-
brace more than one subject, and that
subject must be expressed in the title
Of the act.
Commissioner Hardick declared that
the county attorney had no right to
give an opinion on any matter con-
corning which he was not requested to
pass an opinion on. Chairman Doran
disagreed with Mr.. Hardick. The coun-
ty attorney had right to sound the
note of warning.
Commissioner MoritZ-I think it
would be well to ask Moritz Helm
about this thing.
Commissioner McCarron then termi-
mated the discussion by moving that the
matter be referred to the committee on
ways and means with instructions to
procure proper legal advice and to re-
pert on Monday forenoon next, at the
regular meeting. The motion prevailed,
Mr.. Quehl alone voting in the negative,
and the board adjourned.