Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1904-09-30

AoCtSu anu Iudt L4c QIOpOS1ClO0 TO col
lect 1t is unconstitutional! It seems
to me that, taking advantage of party
prejudice, some one is trying to de-
ceive the public. sincerely hope that
the people will ratify the measure, be-
cause believe no injustice will be
done any one, and If the people shall
ratify that action and If they shall
elect myself and my colleagues on the
ticket we promise to enforce the COL
lection of the tax, believing It to be a
just tax.
USE OF DISCRETIONARY POWER.
Il am elected governor Of this
state, as naturally hope to be, shall
abide by and enforce tho laws as they
are ON the statute books. II the laws
are wrong they should be corrected,
but no public officer has Q right to as
sumo that his position or authority Is
greater than the law Of the Land. The
constitution is more than q convent
ence; it is a sacred instrument: the
law Is more than a mere vehicle for
the comfort and convenience OF any
particular class. It is the declared will
OF the people, by which We must abide.
If public officers will ignore the law
little can be expected of the people as
individuals. By his own party officials
the Republican candidate for governor
Is accused of deliberately ignoring the
law in the settlement of claims of the
state and Of using discretionary power
not given him by law. BY the use of
this discretionary power It is alleged
that state claims against trespassers
were settled at a small percentage Of
the amount due the state. In answer
he says he did the best he could under
the circumstances. Who is to be the
Judge as to what was best1 Clearly
1t was the duty of his department to
insist that the legal machinery Of the
state be set In motion to collect every
dollar due the state of Minnesota.
If he had the right to settle claims for
less than 100 cents on the dollar, and
II he was the sole appraiser Of the
amount he could collect, what Is to
prevent future officers from settling
future cases at their own discretion
and thus divert the school fund of the
state into improper channels through
Ill the years to Gomez
The school fund of the state. is an
institution sacred to the people and to
proper channels is against public pol
Icy, unfair to the people and contrary
TO the law Of the state, -.
The state has the right to exact alb
solute honesty in all OF It's public off,
Gals and discretionary power not con-
ferred by law but assumed by the off,
eers OF the law can be 20 abused as to
border upon dishonest service and in
vite. just criticism. Ny opponent in
this campaign, in: reply to the pre-
ferred charges of a public officer COM
missioned to investigate his record as
| public official, says that he did moth
ing he was ashamed of and adds that
he would do the same thing again.
That is not q: satisfactory answer,
yet it may be taken as an index Of the
course he might pursue should he be
elected governor of this state. The
duties of the chief executive are to
administer the laws Of the state with
out fear and without favor to any IN
dividual or set: of individuals. Good
government is the result of obedience
to the law and it, is the duty OF the
officers to enforce the law az 1t is and
not to govern by g. standard Of what
the individual thinks the law should
be. . 80"
The exercise of a discretionary
power and thus setting at naught the
laws of the land can only result in
government that is contrary to the
best interests of the state. It is al
legged that by the exercise Of this dis
crettonary power great gain has come
to private individuals and corporations
and great loss to the educational insti-
tutions of the state. The state has
safeguarded its interests by laws for
the proper regulation and control Of
| the public business and no man has
right to set aside. that law and: safe
guard. do not mako the charge Of
J personal interests or dishonesty on the
part OF my opponent, but the charge Of
usurpation of authority which did not
belong to him is graver than thesother.
And. the same course followed in the
CONDUCT of the greater Office to which
he Saspires would endanger: the law,
the: well; ,beipg and, the honor OF the
state: - The pine lands Of this state
wore the pr6perty Of the people and
Ito pEoteet this property proper: laws
were enacted. One provision of. these
laws absolutely prohibited the state
auditor; from making any settlement
Tor trespass at any amount less than
! double the value of the timber taken.
| The law. gave no discretion beyond
that limitation. For a violation and
total disregard of the law IT, is INSULT
Client to say II would do the same
thing again." neither is it suficient to
state that his record; was better: than
| that OF. his predecessors. The execu-
tive arm Of the government IL not
greater than the legislative. They are
|. equal and when one arm Of the govern.