The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-11-28
GOVERNOR IN DOUBT
DELICATE LEGAL QUESTION Is IN
VOLvED IN THE MEGAAR-
DEN CASE
WOULD LIKE TO SUSPEND HIM
Law Is Not Quite Clear on This
Point-Sheriff Is ScathingIy
Arraigned In Pope's
Report.

Gov Van SAINT was not ready yesterday
to say whether he would or would not
suspend Sheriff Megaarden, Of Hennepin
county, while his trial. is pending on
criminal charges which have already
been set forth at some length. The gov
ernor had, however, completed his perus-
al of the report of Public Examiner
Pope upon the condition of affairs in
Sheriff Megaarden's office and made pub
lie the contents of the report.
It is generally accepted as a fact that
whatever the outcome of the criminal
prosecution of Megaarden may be, he
will in due course OF time be removed
from office by the governor. 1t is UNDER
stood that the question Of the present
suspension of Megaarden presents a deli
cate legal question which has not yet
been sufficiently elucidated to enable the
governor to act with satisfaction to him
self. The law unquestionably gives the
governor the power to remove the Hen
nepin county sheriff from office. but does
not specifically provide for suspension,
and the question is whether the author
fly to expel from Office does not carry
with 1t by Implication the right to s,Is-
pend. The governor, 1t Is said, does not
wish to prejudice Megaarden's case in
advance of the action of the courts, by
summarily removing him from Office at
this time, and is still in doubt as to the
legal right to suspend, and hence the
governors hesitancy in taking action.
The public examiners report above rer
ferred to is volunlinous document, COM
prisiug an exhaustive exposition Of the
condition of affairs and the methods of
conducting business in the office of the
sheriff OF Hennepin county. with COM
ments by Deputy Examiner Koerner,
who conducted the examination, and also
by Public Examiner Pope himself.
The deputy examiner criticised Me-
gardens conduct of the Office In no IN
certain terms, and goes still farther to
say that thorough examination of the
books and records kept by at least two
Of Megaarden's predecessors In that Of
flee would, in his opinion. result in bener
fit to the taxpayers of the county. The
county attorney Is censured for having
attached his o. K. to bills and vouchers
not properly made out, and the county
commissioners for allowing the bills.
Overlooked No Chance to Pilfer.
The deputy examiner says, speaking Of
Megaarden: Every available chance to
pillage from the county and abstract
funds from the public Golfers for pur-
poses unauthorized by law has been In
geniously resorted to-"
The report states that the Irregularities
in charges were not unintertional mis-
takes, but a cold. deliberate and feloni-
Gus attempt of public officer to obtain,
through allegations of service performed,
but which were never performed, enor-
nous sums of money from the public
purse. It says the state of affairs devel
oped was appalling.
Up to the time when the examination
closed, Megaarden had returned to the
an l,1.-<
Mr.. Koerner says he does not consider
this return made in good faith or in
good conscience, as of money taken by
mistake and paid back on the discovery
of the error, but rather an attempt on
the part Of the sheriff to avoid, If possi-
BILE. by prompt return of all money
wrongfully collected, the penalty of triple
liability as provided by section 55S6, Ger
eral Laws of 1894.
The charges for returning prisoners
from other states are all classed Illegal,
and should be refunded
The sheriff is charged with perjury, in
swearing that he had conveyed children
to the state public school at Owatonna..
The report closes with an itemized
statement of the alleged overcharges and
Illegal claims, which amount to S11 ,851.22,
and to which the deputy examiner says
there should be added interest, which
would bring the total up to s12.651.22.
Following is the statement of Illegal
items as presented:
Statement of Over Charges.
Recapitulat ton
Copies of Venire Facias .......... s6os. 40
services ............. ST.0O
house Observation-Disclosures. $3.50
Deputies attending court...... $500
bench warrants
and attending municipal court. 1.222 90
Dur, - hor fo,.