The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-05-08
NO WAY TO PAY THEM.
Sheriff Expected to Pay New Assist
ants from Funds That Do
Not Exist.
9. i. Smith Indicates Apparent
Flaws in Other New Laws AT.
fecting Hennepin.

Sheriff J.. w. Dreger's new assistants,
authorized by the last legislature. may go
begging for their pay "A test by the first
OF next month, ifSnot sooner, will thoroly
define the situation. .s.+ 81
Z. l.. Smith, attorney for the board OF
county commissioners, has given the opin-
ION that the law providing that salaries
OF these employees shall be paid from funds
In the treasury not otherwise appropriated
is not effective because there are and
will be no such funds. He has informed
the two appointees of his opinion, and,
acting upon his advice, the county COM
missioners will undoubtedly refuse to pay
this months salaries, and then will come
the test.
& This lack Of unappropriated funds will,
affect other bills passed at the last ses-
sion of the legislature. Among them is
AN act providing: for a contingent fund
IN each county Of the state for the use
OF the county attorney for the payment
| OF such expenses. as necessary and not
otherwise provided for in the trial and
preparation for trial of criminal cases.
etc. and also IAN act relating to the act
off probation officer and increasing his
salary.
The lack of funds not appropriated Is
explained by Assistant County Smith in a
report made to the board Of county COM
missioners as follows:
'Inasmuch as the moneys appropriated
under the present and prior existing laws
for expenditures for the present year is
s422.0O0 and according to law these
amounts cannot be used for. any other
purposes than to which they were APP
proprlated, and inasmuch as@in estmat
| Ing the balance to be brought over into
this year it was estimated at about $40, 900
more than actually remained to be brought
1 forward. and inasmuch as by another law
i ifoHE he from
penalties and interest on taxes for. the
amount for this year will be, according
to the auditor, about SIS, 900 less than was
estimated which for all. other items were
exactly estimated, there will be de-
f1ciency of some s95, 900 in the moneys that
will be collected. to meet the expenditures
herefnbefore provided for and inasmuch
as there has to the present time been
collected only the sum- of $146,000, which
! Is apportioned to the funds aggregating
$4,000. To date this leaves a deficiency
Of $276,0O0 yet to be collected for the
moneys heretofore apportioned. There
are no funds in the county treasury not
specially appropriated or set aside for
other purposes and it is possible that
there will be none and until there are
such funds this law cannot be made opera
tive for this year.
New Laws With Flaws.
In the list of laws directly affecting
the board of county commissioners as
prepared and discussed by Mr.. Smith,
several are set down as being unconstitu-
, tional and incapable of enforcement
Is:
, IAN act requiring county commission
!, ers In all counties of this state having a
popula ton of 200 900 inha bitants or more
, to give bond to the state Of Minnesota
/ for the faithful performance of their
duties as county commissioners The
question of unconstitutionality is raised
on the grounds that the law is special
legislation and that classification on
. population in order to be legal must have
some other reason behind it. Notwith-
standing this fact the commissioners in
tended giving the bonds until it was sug-
gested that there was nothing in the bill
to show whether the bond was penal OF
, a bond for li4uidated damages. If the
latter, any mistake made would result ir
the forfeiture of the whole $4,000 AND
when advised along this line the com
missioners refused to give the bonds unit!
the matter tested. The act is effec-
r tive May I, but no bonds have been giver
and will not be until something further
is done and test case is made.is &.
The act compelling Hennepin county tt
refund money paid in as inheritance taxes
is also classed among the demonstrations
/. laws as being special legislaton and will
probably be tested.
IAN act to provide for the care and
control of the courthouse and city hal
building erected pursuant to chapter 39E
of the special laws of 1887 is one of the
branded and according to Mr.. Smith is
unconstitutional because it is an amend
ment to a special law and also because
r its title is faulty. A test will probably be
made.
Another law believed to be faulty is
i that providing for the establishment an6
: maintenance Of the law library in the
courthouse. This, however. is believed tt
e be good thing and will not be fought.
. Laws Affecting Hennepln.
Other laws passed which affect thu
a county commissioners and the county
), government are given as follows:
: IAN act for the election of q vice chair
v man of the board Of county commission
: ers Andrew j. Smith has already beer
# elected
IAN act to amend section 67s of tn
n general statutes Of 1898, relating to tn
h change of school boundaries
An act fixing the salaries Of count.
y commissioners" No change for Henne
+ pin county.
- "An act to provide for the payment o
4 expenses incurred in the control of in
fictitious or contagious diseases Thi
A law is a radical change and provides tina
O. the county shall pay only half of the ex
:, penses thus incurred. and has rendere
: necessary the dispensing with tn
>, services of DR.. Kistler, as county healt
=, officer.
I IAN act providing for the disposition 3
fo,- Z. 1i<Y,,o !: