The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-08-23
STATE is ESTOPPED
HAS NO LEGAL AUTHORITY TO
BRING HOME UNITED STATES
TROOPS
SUCH APPEARS THE STATUS

Law Under Which Such Action
Could Be Taken-GOv. Lind's and
Attorney General Douglas Posi-
ton in the Matter Clearly Stated
Question One of Doubt.
| State Auditor Dunn wants the Thir-
| teenth Minnesota regiment brought home
| at the expense of the state. He thinks
| the people of the state would approve
Of such action, and he is willing to take
chances that such is the case. Mr. Dunn
| made an announcement of his position
| yesterday, and those who are now en-
| gagged in raising money, dollar by dollar,
| to bring the men from San Francisco
would like to see Mr.. Dunn's suggestion
put into effect. 1t did not take long to
discover, however, that there was one
material drawback to such a course,
and that was an absence of any legal au-
thority to incur the expense and take
the money out of the states pocket. Mr..
| Dunn, in his suggestion, said:
at is all very well-very patriotic, and
all that-for st. Paul and Minneapolis to
raise fund to give the boys a grand re-
| ception, and the money that has been
! and is being raised, in the cities and by
private subscription throughout the state
viii be none too much for that purpose
! There is no danger of getting too much
| OR giving them too good a time But
when it comes to bringing the regiment
! home, that is for the state to do It is
up to Gov. Lind.
1.-The governor, attorney general and
state auditor, under the law are author
lied to take such steps as may be neces-
sary for the care Of the state troops. In
| der this provision it was that Gov. Clough
| drew upon the treasury for funds to take
| care Of the sick of the other regiments,
| and nearly $4,000 was expended for that
| purpose. And, it must be remembered,
| that this was while the men were still in
| the service Of the United States. There
| is not man in the state who would OBJ
| ject to having the troops brought home
| by the state. At any rate, I will cheer
! fully audit and pay all bills incurred for
! such a purpose, and take my chance on
| having my course approved by the peO-
! pie. This is the way to do it, and the
! only way. My office stands ready to do
it's part to bring the men home. 1 believe
! the people Of the state want it done, and
it only remains for Gov. Lind to say the
word and it will be DONE
WHAT THE LAW SAYS.
The only provision in the state law I'M
der which such action could be taken is
! found in chap. 11S, General Laws, sections
| 119 and 10, which read as follows:
Sec 49, Pay in Actual Service-When-
| ever the national guard this state, or
any portion thereof, shall be called into
| actual service by the commander-in-
| chief each and every enlisted man co
! called into such service and who snail
| respond thereto, shall have and receive
for each day which he is engaged i'll stch
! service, two dollars, besides transporter
| ton and shelter. And, if a force of ar
! tillery the necessary expense of horse
| hire and forage shall. in addition there
| to. be paid by the state. A deduction of
! enlisted man shall be made for subsist-
ance, if furnished by the state.
Sec, 120 How Drawn-In such emer-
gency, the adjutant general the state
auditor and the attorney general shall
constitute board to audit the pay rolls
and other necessary expenses incident To
| such service. Said board shall certify
| to the state auditor the amount of money
| necessary to pay the officers and men
engaged In said service and to defray the
expenses thereof, and the state auditor
snail thereupon draw his warrant on the
state treasurer for said amount, in favor
OF the adJutant general, and the Same
SnaIl De paid by the state treasurer upon
the presentation of said warrant prop
erly endorsed, out of any moneys in the
state treasury. not otherwise approprI-
ated. but in no case shall the same be
paid out of any fund or annual appro-
prlatlon of the national guard.
GOV. LIMBS POSITION
The suggestion of State Auditor Dunn is
not a new idea: in fact, the question of
the return of the boys has been consid-
cred by Gov Lind from every standpoint
The governor, like the state auditor
would be pleased to have them brought
back in cyjlt-pHoo6 ctXrla h,,+
unable to obtain authority for taking
such action out of the foregoing sections
Said Gov. Lind, after he had heard of the
state auditors willingness to take a
chance:
Il regret there is no provision of law
that Justities the action proposed I have
been Of this opinion since first conferred
with the adjutant general on the subject
Of the return of the regiment I hadn't.
however, consulted Attorney General
Douglas until this afternoon, when we
talked the question over. He is of the
same opinion as I am. There is no theory
in law in which we would be justified in
putting our hands into the pockets of
the state.
1.-THE question of bringing the sick home
is not free from ENHANCEMENT Gov.
CloUgh did it and the legislature found no
fault. By it's silence 1 assume it sane
toned his action. 1 am willing to follow
that precedent. Beyond that there is no
warrant in law in going"
GEN. DOUGLAS POSITION
State Auditor Dunn's statement that 1t
is up to Gov. Lind is further open to
doubt. If the governor felt he could con-
strue his oath of office to warrant such
action, there is still Attorney General
Douglas to be considered, and the attor-
ney general agrees with the governor that
there is no law, so far as he has discov-
cred, to sanction it.
THE exigency for such action doesn't
exist" said General Douglas, when asked
what he thought about it. eff there
were an instruction or some good
grounds for issuing a call for the regi-
ment the board would have power under
the law here (and he pointed to the sec
lions heretofore Quoted) to meet all ex-
igencies. There clearly could be no power
under this other call TO pay for their re-
turn. I, however, haven't been officially
consulted and am now speaking off hand,
What do you mean by officially con
sulted?" the general was asked
well, there has been no meeting of the
board"
''But you have talked the matter over
with the governor, have you not?'
NOD