The Saint Paul globe., 1904-02-02
BOILER INSPECTOR
WANTS LEGAL HELP
Complains He Is Poweriess to
Prosecute Violations
of Law.
wanted-A legal department.

In those words is summed up the
most pressing need of r. H. Johnston,
state inspector of steam vessels and
steam boilers, for this congressional
district Just now Mr.. Johnston feels
that he is a wanderer. among the legal
departments of the state, the county
and the city, and that all of them arc
disposed to disown him.
In relation to his annual report for
1908, just completed, Mr.. Johnston
spoke at length to I he G 10 b yes
terday Of the disappointments he has
encountered in his efforts to prosecute
cases arising in connection with the
work of his department. He said:
my report is very brief and 1 shall
not make any recommendations to the
legislature, but there are several ques-
tions that 1 would like settled. One of
the most important of these bears upon
my right to inspect boilers of steam
engines in the fire department. This
question has been agitated to some
extent in the past, but has never been
settled to my satisfaction. The courts
have never passed upon it.
Fire Board Claims Exemption.
1.-The board of fire commissioners has
declared its engines to be exempt from
inspection by our department on the
same ground that the railroad COM
panies' engines are, and has refused to
permit us to inspect them. | still be-
lieve that the fire department comes
within the scope of the inspection law
and would like to test the point, but |
have been unable to get either the
state or the county legal department
to take up my end of the contention.
ThnE 7 fp +I1A Oft PC
office with these matters am told that
the county attorneys office should be
able to look after them for me, and
when l go there / find that they are
too busy with other cases. I have sug-
gested that special legal talent be Sc
cured and paid for out of the attorney
generals contingent fund, as has been
done in the prosecution of other state
cases, but in the attorney generals
office they say that the contingent fund
is not available for the uses of the fee
office of the state. That is the posi-
ton I find myself in, and 1 don't know
just what I can do about it."
Can't Secure Legal Aid.
"T have also found great difficulty in
securing legal assistance in prosecut-
ing other cases arising out of the work
Of this department. The law provides
that a man not holding an engineers
license shall not be in charge of a
steam plant, and 1 am expected to en-
force that provision. But when I try
to swear out a complaint against man
without a license who is operating a
steam plant the assistants in the
county attorneys office tell me that
they have something else to do beside
assist me in enforcing my arbitrary
rulings
''The city attorneys office, 1 learn, is
not the place to go for the prosecution
of a case under a state law, so / seem
to be shut off all around.
IF these laws are not enforced by
prosecution of those who violate them,
they will become totally ineffective
and this department will soon amount
to nothing but a figure-head. There
are a number of steam plants in this
city that are being run by men who do
not hold engineers licenses and who
are not competent for the work. I have
notified the owners or agents in con-
troll Of these plants that they must have
licensed engineers, but my notices have
been disregarded. If l cannot prose-
cute how can enforce the law2"