The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1899-08-25
Mr.. BENEDICT REPLIES.
Answers Mr.. DOnaldsOn's Reference TO a
Former County Attorney.

notice in the report OF one Donaldson
to the city council of this city state
ment that "a former county attorney
of this county refused to o. K a GER
tain bill presented to the County of
Blue Earth, for certain fees incurred
by the municipal court of this city"
Now, so that the good character and
reputation and legal standing of any
other county attorney of this county
may not be ruined by the legal ques-
lions decided by the eminent gentle
man from Minneapolis, wish to state
that was the county attorney referred
to in such report. If the eminent gen
tleman from Minneapolis had not as
sumed to say that such former county
attorney was in little business in not
putting his 0. K upon such bill and
simply stated that he thought that the
attorney was wrong in his decision on
said matter there would have been no
occasion for any answer to tie same
But when he makes insinuations and a
personal attack upon such attorney and
/ being the one referred to, it is but
fitting that define my position in re-
ference to Ethe same. With all due
respect as to the legal opinions of the
gentleman from Minneapolis / cannot
help but state my position, sand as 1 do
not care to state all the law upon the
subject at this time for the reason
that it would take up so much space I
will simply say that l. as such county
attorney, was trying to the best of my
ability to honestly perform my whole
duty, and in this matter refused to o.
K. said bill in performance of that
duty, and for the benefit of the emf.
nent gentleman from Minneapolis will
state that at that time was fully cog
infant with the municipal court act to
which he refers and of all the provis-
ions therein and as the proposition was
only legal one I suppose his report
will settle all the law on the subject
without going to court to get a decision
in the matter.
In the first place, l would like to
have the eminent gentleman show me
the law where county attorney is re-
CURED to. or shall o. K. any such bill.
In the second place, if it had been my
duty to o. K. any such bill would not
have done so because 1 do not believe
that the county of Blue Earth is liable
on any such bill.
In 1885 the legislature of the state of
passed. or assumed to pass a
court act for the city ofMan-
koto and in it's provisions say that all
fines whether for violations of ordi-
nanees or crimes against the state of
shall be paid into the city
treasury and shall belong to the city of
Mankato. If person charged with
crime is brought into the municipal
court and pleads guilty, or has his trial
and is convicted and his fine is fifty dol
lars and costs and he pays the same, all
of such fines and costs go into the city
treasury, If a person is tried for the
same offense and is acquitted all of the
costs shall be paid by the county. In
other words, it being case when l win
| keep everything, when lose you pay.
Now, without entering into all the law
governing this question l simply say
that l did refuse one certain bill but as to
whether it is the one to which the emf
nent gentlemen refers / do not care or
know, and if l were county attorney
now would do the same thing At
the time told the party presenting the
and have the matter determined 1t
made no difference to me who paid the
bill and as said before I used my best
Judgment for the benefit of all the tax
payers of the county. This question,
the same as other questions, came be-
fore the county attorney to decide,
two of which were decided by the SUI
preme court of this state and favorable
to the opinions of the then county at
torney Notwithstanding lot of legal ad-
vice from knowing persons. 1t is I'M
fortunate that we do not have so emf
nent gentleman as the one from Min
neapolis to decide such legal questions
and not bother the supreme court with
them. In this case no harm is done.
If the city of Mankato is entitled to
such fees it can get them. This is
legal question to which the writer has
given great deal of time and study
and even if small business it was our
best Judgment of what the law was in
the premises and what was right and
wrong as well. l give it as my opinion
that if the county of Blue Earth were
to bring action against the city it could
recover for all the fines in state cases
which have been paid into the city
treasury. I gave my honest opinion
in the matter and leave it to an indul
gent public to say whether I was right
or wrong.
l can only say in closing that held
the Office of county attorney for four
4 e. T L.,