The Saint Paul globe., 1899-12-31
TLtGt'S MINNEAPOLIS OFFICE.
y 20 WASHINGTON AK SOUTH.
Main 2O13 AdvertiAing-
SubHcriptions-279 -J-4

Formal charges. referred to in yester-
days G o b e, filed with Gov. Lind by
Reinhoid Zeglin, of Minneapolis. against
Register of Deeds Frank c. Metcalf, of
Hennepin county, charging malfeasance
in office, were yesterday referred to
County Attorney L. \. Reed, of Mime
apolis, for investigation by the CHIEF
executive
Zeglin charges Metcalf with losing, a
deed, and to shrink the responsibility
makes, it is alleged, a fraudulent entry
of the missing document and gives a
certified copy of the deed, which Is
neither in his office or his possession.
Prominent Minneapolis Republicans
called on the governor yesterday and
asked that Metcalf be Immediately re-
moved from office The governor how
ever, referred the matter to County At
torney Reed, accompanied with the fol-
lowing letter: .s.
From a careful reading of the charges
1t would appear that the gist of the al
legged malfeasance is the alleged falSifca-
tion Of the record. The mere loss, sup
pOSedly accidental of. an instrument from
public office cannot in itself be regard
ed as malfeasance in office, and no charge
of malfeasance could be predicated on
that fact, standing alone, but where, as
in this case It is charged that for the pur-
pose of covering up an accident of that
character, for such is the only motive, If
any, disclosed by the complaint, a public
officer has falsified a public record by
assuming to make a record as an actual
record Of an instrument, which mStru-
ment has been, in fact lost before record
ing, is unquestionably a criminal act, and
as such, 1t seems to me- can better be in
vestigated, at least in the first instance
by the grand jury or the courts. In view
of the fact that there is a session of the
grand jury IN your county within q very
short time. Il have concluded to transmit
these papers to you, with the request
that you lay the matter before the grand
jury for such action and investigation by
that body as may seem to it proper =
AS suggested above, take this course
largely for the reason that the grand jury
and the courts have better facilities for
making an investigation this character
than the executive department.
But 1t is not my purpose to shrink the
responsibility imposed by law upon the
executive, and l standsready to supple
ment whatever steps maXs be taken by the
grand jury by such action as will afford
the public absolute security and a proper
administration of.the duties sofEthe office
John Lind.
Governor.
The follo#ings copy of the charges
filed with the governor bg Mr.. Zeglin: .zs
To His Ekcellency Jof14 Lind Governor.
Zeglin, a citizen and taxpayer of Henne-s
pin county. Estate of MINNESOTA does here-
by complain of Frank G. Metcalf, regis,
ter Of deeds of Hennepfn county as foizz
lows:
complainant alleges that at the
last election said Frank c. Metcalf was
duly elected register of deeds Of Hennepin
county for the term of two years. COM
mencing in January, 1899; that said Met
deeds, and since the 1st day Of January,
1899; has OBLIGATED as the duly qualified
register Of deeds of Hennepin county. and
az such mas mad the care, CUSTODY. and
control of all public records pertaining
10 said office of register of deeds
SecondIThat complainant. on or about
one Clara NJ. McNair and husband lots
and o. In block Of Clarks subdivision
to minneapolis, according to the plat of
SAID addition on file and of record in the
Office of said register of deeds and re-
ceived from said McNair and husband a
warranty deed conveying said property
to this complainant duly. executed and
acknowledged as provided by law
nat, 0ne the l4th' day of April 1899. at
IU;I95 o-cEock 71qrthe morning, complainant
caused said deed to be filed for record
In the 0fIlce of said register of deeds and
on sald day such deed was after the
same. had been daily stamped with the
necessary internal revenue stamps, pr0D-
cry witnessed and acknowledged filed
with said register for. record at the Office
u register OF deeds In the court house of
Hennep1n county. In said state and said
register received said deed so filed as
aIoresald l. and numbered the same serial
office. - 41i' 0Iu
IT, ThirdmTh9t d. thereafter. in the month of
July. 1879, the exact date your cOmDlaiT-
ant Is unable to state, the said register
Of deeds informed your complainant and
also your compliments agent and attor-
ney at different times that said deed had
been lost while in the custody of said
register of deeds, and that said deed had
not been recorded and could not for that
repeatedly promised your complainant
Ihat ne would procure new deed, to be
executed by said McNair and husband in
lieu or the one lost, and record such new
deed IN order that the record title of
your complainant to said property might
De made complete. That relying upon the
promise of said register of deeds Your
complainant failed to take any steps TO
further investigate the matter
Fourth-9our complainant further al
!ggeS ana charges the facts to be that on
the 1st day Of December, 1899, said Frank
Z: Metcalf, as said register of deeds. fur
hIshed M Ise your 4,e eeomplainant what purports
10 pe a certified copy of the records of
said deed. which your complainant filed
as aforesaid, which certified copy is
hereto attached and made a part of this
complaint. That your complainant is in
formed and verify believes and so charges
the facts to be, that the deed which your
complainant filed on the 18th day of AnriI
as aforesaid, has never been recorded in
the office of said register Of deeds, ali of
which IS well known to said defendant.
That the purported records Of such deed
as shown by the certified copy are false
In every particular, and that in truth and
III TACT. page III. book 81, of miscelIa-
neOus, being a record In the office of said
register Of deeds, has been, by said req
lister, at some time previous to Dec. /
altered and falsifed, and made to show
record of cOmplainant'S deed at +ipan
NHen Such deed was not in existence and
long after the same had been lost by said
register OF deedSi that said deed of your
Complainant, SO filed with the register of
deedS. has never been recorded in the Of
1ce Of said register of deeds, and the
purported records in said book Of miscel-
laneouS, on page 127, are false in every
particular That there existed at fbe
time of the filing of the deed Of vonr
complainant no duplicate thereof That
SAID register Of deeds failed to procure
any new deed from said McNair. in lien
O.. the deed lost, as aforesaid, and page
III, In book 81 of miscellaneous has been
made as aforesaid. by said register Of
deeds, with view to avoiding respon-
sibility for the loss of said deed of your
complainant.
Fifth-That on the 1st day of December
1899 said register falsely and frauduientIy
certified, under his hand and official seal
that he had recorded the deed of your
complainant in book 81 of miscellaneous
records, on page 127, as aforesaid.
Slxth-Your complainant further alleges
the !st day Of December, 1S99 said Frank
C. Metcalf, as register of deeds of Hen
nepln county, at divers times has heen
guilty Of ma1feasance in office in the Der-
formance Of his official duties and Vo11r
complainant prays that your excellencv
the office of register of deeds of Henne-
pin county for the reasons stated
Then follows the affidavit as to the
truth of this statement.
TWO NEW FIREOIEN.