The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-12-31
TLttt'S MINNEAPOLIS OFFICE,
" 20 WASHINGTON Az. SOUTH.
Main 2O13 Advertihing-
Subscriptions-279O- OFT.


days G 0 b e, filed with Gov. Lind by
Reinhold 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 AIetcalf 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 careful reading of the charges
1t would appear that the gist of the al
legged malfeasance is tine alleged falsifica-
ton 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
,
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 unQueSuOnably a criminal act and
as such, 1t seems to me, can better be in
NeSugated, at least in the first instance,
by the grand jury or the courts. In view
or the fact that there is a session of the
grand jury in your county within q very
short time 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, I take this course
largely for the reason that the grand jury
and the courts have better facilities for
making an investigation of this character
than the executive department.
But it is not my purpose to shrink the
responsibility imposed by law upon the
executive, and l stand Sready to supple
ment whatever steps mayz be taken by the
grand jury by such action as will afford
the public absolute security and a proper
administration of.6Ae duties of the office.
s John Lind.
$t4 Governor.
The following Is a copy of the charges
filed with the governoi; By Mr.. zeglin: -.
To His EKcellencysJ0hfI [ Ind, Governor,
Of the State Of MINNESOTA: ReinhoId
Zeglln, citizen and taxpayer of Henne-
pm pm counfy;.state Of Ai1s15lesota, does heres
by complain of Frank c.. Metcalf regis
ter of deeds of Hennepin county as foi-.
lows:
First-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
calf duly qualified as said register. of
deeds, and since the 1st day Of January
1899. has OBLIGATED as the duly Qualified
register 81 deeds of Hennepin county, and
as such sue has IS, had the care, custody, and
to said office of register of deeds
Second-Ihat complainant, on or about
the 10th day Of April, 1883, purchased from
4 and o, In block of Clark's subdivision
10 MlnneapoIls, according to the plat of
said addition on file and of record in the
once 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.
That on the 14th' day of April 1899 AT
1V:I9s O'Clock in the morning, complainant
caused said deed to be filed for record
in the office of said register of daads ana
on Said d8y such deed vas u after' d tha
same had been daily stamped with fhH
necessary internal revenue stalnDs nrOn-
erly witnessed and acknowledged, filed
with, SAID register for. record at the office
OF register of deeds in tn court house of
Hennep!n county. In said state and said
register received said deed so filed as
number 29l56S, and entered the same fOT,
record IN the reception book in his said
office. ~ S''iU
Third-That thereafter in the month of
July. 1859, the exact date your cOmDlain-
ant IS unable to state, the said register
OF DEEDS informed your complainant and
3tSO yoG Ut complainant agent and attor-
ney at different times that said deed had
oeen lost while in the custody of said
register OF deeds, and that said deed had
NOT been recorded and could not for that
Ill De 4
repeatedly promised your complainant
mat ne would procure a 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 vOIlr
complainant failed to take any steps TO
further investigate the matter
Fourth-1our complainant further al
leges and charges the facts to be that on
the 1st day Of December. 1899 said FraDif
:; MetcaIf, as said register of deeds. fur
lhsned your complainant what purports
10 pc certified copy of the records of
SAD Ceed, which your complainant filed
as aforesaid, which certified COPY is
hereto attached and made a part of this
compliant That your complainant is in
formed and verify believes and so charges
the FACTS to be, that the deed which your
coIlPIalhant hIed on the 18th day of April.
as aforesaid, has never been recorded in
the office Of said register Of deeds. ali of
which IS we'll 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 Iact; page III book 81, of misceIJa-
neous. being a record In the office of said
register of deeds, has been, by said reg
lister, at some time previous to Dec. /
altered and falSihed, and made to show
record Of complainant's deed at a time
when such deed was not In existence and
long after the same had been lost nv aid
register of deeds; that said deed of your
Complainant, SO filed with the register of
deeds, has never been recorded in the Of
fee 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 the
time Of the filing of the deed Of 1,onr
complainant no duplicate thereof, Tbat
said register of deeds failed to procure
any new deed from said McNair in lien
o. the deed lost as aforesaid and page
127, in book 81 of miscellaneous has bosSn
made as aforesaid. by said register Of
deeds, with a view to avoiding respon
slbiHty for the loss Of said deed of Your
complainant.
Fifth-That on the list day of December.
1899, said register falsely and frauduienfIv
certified, under his hand and official seal.
tnat ne mad recorded the deed Of yOIlr
complainant in book 81 of miscellaneous
recorGs, on page 127, as aforesaid.
Sixth-Your complainant further alleges
that between the 18th day Of April and
the 1st day Of December, 1899 said Frank
=. Metcair, as register of deeds Of Hem
nepln county, at divers times has been
guilty Of malfeaSance in office in the per
Torrance of his official duties, and VoI1r
complainant prays that your eXceI1encv
will remove said Frank c. Metcalf from
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 FIRE1IEN.