The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-04


The report Of Attorney General II.
w. Childs, to the governor Of the state,
for the biennial period ending July.
1898, has been handed in to the state
printer for publication. The following
extracts will show part of the interest
ing matter 1t contains:
The financial disturbances of 1893 and sub
sequent years fell with disastrous effects
upon large number Of banking institutions
in which public funds had been deposited by
the state treasurer. At the outset the situa-
tion occasioned great anxiety, as it could not
be foreseen how, many of the repositories
would be compelled to close, or what con-
struction would be given by the courts to the
statutes for a preference over private cred
itors in the payment of claims. strong
sentiment against such preference was every
where encountered, founded upon substant al
grounds of justice. The private citizen who
has seen the savings Of lifetime swept
away by the failure of the banks to which
they had been entrusted naturally questions
the justice of law which subordinates his
claim to that of the state. which may re-
coup it's losses by the power of taxation, thus
distributing the burden with SO light effect
as to be scarcely felt by any one. It is, in his
view, not Justice, but oppression.
First the attempts to enforce such claims
on the part of the state was unsuccessful,
but prevailed on appeal to the supreme
court. With the exception of three institu-
lions, whose assets proved of little value,
and whose bonds became worthless by rea-
son OF the insolvency of sureties, the state in
the end will suffer no loss whatever. Occa-
sions will. in the future, be extremely rare
where the assets Of the repositories will not
be adequate to pay claims in full. 1t seems
appropriate to here suggest that authority
should be by law upon the board of audit, or
other officers, to settle such claims in all
cases when business prudence requires it..
Following is the list of banks suspended:
Bank of New England AIinneapols Irish
American bank, Minneapolis; Farmers and
MRrchantS Stata Mtnnaoro1fc. AM
lean Exchange bank, Minneapolis; Scandia
bank. Minneapolis; City bank, Minneapolis;
State bank, Minneapolis; Bank Of Minneapo-
pany. Minneapolis; Washington bank, Mime
apolis; Columbia National, Minneapolis
Bank 3. Of Minnesota. ST. Paul Germania bank,
Side bank, St. Paul; Bank of West ST. Paul,
st. Paul; State bank, Duluth; Marine bank.
Duluth, Security bal1k, Duluth; National
bank. Morris; City bank, Redwood Fails; Fill
more County bank, Preston.
In the above twenty =three repositories the
state treasurer had deposited $4ss
Amount of interest collected was $2.912.01.
Total collected, ss6s. 625.64. leaving a balance
due of $119. 653.S6.
-, The range of official duties devoaving upon
partial survey OF these duties it may be
noted that he Is not only the legal ad-
visor of the heads of the various departments
also to render opinions to the legislature e.
appear for and represent the state in ali
appeals to the supreme court in criminal
cases. attend to all litigation in which the
state is interested, respond to the calls Of
county attorneys in the prosecution of per-
sons charged with crime act as the legal
adviser OF the railroad and warehouse COM
m1ss1on and seek the. enforcement by the
courts OF all orders made by the commission.
Together with such duties as are imposed
upon the attorney general by the express
terms OF statute may be noticed a very heavy
BURDEN iu,n NV -,
tom OF practice Of many years, and which
now rests upon him with almost the au-
thority and sanction Of law. I refer to his
oficial correspondence. This amounts to the
writing OF several thousand letters annually
TO county. township and school officers and
private individuals. a :, notwithstanding the
such correspondence within proper limits, It
Is yet very voluminous and seriously in
terferes with the performance of what may
be termed the legitimate duties of the de-
partment. While this Is so, l have not felt
and Perhaps none OF my successors will, In
the absence OF a statute expressly relieving
Inem. feel Justified In refusing to answer in
quir1es eInanating from such sources
The attorney general in making re-
ference to the fact that $1,50@the
amount appropriated to his depart
mentEwas not sufficient amount to
guard the interest of the state in the
important cases that may at any time
come up, states: s
AN annual appropriation Of only $1,500
ev1nces want of a proper appreciation of the
importance OF the interests involved. should
suggest that provision be made for an an
nual appropriation, aside from the ordinary
appropriation for contingent expenses, OF not
less than IS, 600, to become available ON such
occasions and In such sums as the governor
state auditor and state treasurer, or the ma
JoTity OF them, may approve.
Such an appropriation would operate as q
standing safeguard to the important inter-
ests of the state entrusted, to the care of the
attorney general.
1t has fallen to my lot to occupy the Office
of attorney general during a period that
embraces a volume Of important litigation
attention of my predecessors. It has been at
tended with heavy burden of RESPONSE
bility, so heavy ait times as to give me great
concern as to my ability to properly discharge
It.
Tt Is proper for me to here acknowledge the
faithful and efficient aid which I have at
all times received from my immediate official
associates. The assistant attorney general
Hon. George B. Edgerton, has frequently been
which he has discharged with conspicuous
ability.
But now, when I am about to retire from
the duties of that office. am pleased to
be able to report that, with very few excep-
lions. the many civil causes in which I have
appeared for the state. whether as plaintiff
or defendant have been attended with sue
cess for my client. / have been compelled to
lftigate rights of great moment calling for
few. if any, presidents existed for the guild
ance OF court counsel.