The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-09-30
Opinion of States Counsel.

OP4A1O1 VI 0GdGS . SOu1lSc4s
=, The opinion referred to, FURNISHED
the public examiner by Franklin H.
Griggs, special assistant attorney gen.
eral, under date aof Oct. 9, 1908, read
in part, as follows:
In reply to your request for advice as
to the extent Of any examination of the
books ard records of the office of the
state auditor and land commissioner,
which may be undertaken by you in your
official capacity, beg to call your atten-
ton again to the opinions rendered you
by W. J. DOnahoWer as assistant attorney
general, under the dates of May 20, 1903
and May 26, 1908, and to your own ex-
preston of opinion in your letter of May
rs, 1903, to W. B. Douglas, the then
attorney general, in which. you stated
that Mr.. Donahower's opinions seemed "to
be very conclusive and satisfactory"
It would seem that you, ought not to
need any further advice from the office Of
the attorney general, for whom act
Ing as a special assistant with the mat
tiers arising in your department under my
special charge This is particularly true
the provisions Of the general statutes of
as to the requirements made by you by
1894, to which Mr. Donahower's opinions.
had particular reference. But it seems
to me that you ought to feel at least as
much bound by the provisions of the act
of 1902 and the requirements made of
you by the house Of representatives in the
legislative session of 1908, as by the statu-'
tory provisions to which you referred In
your requests for advice as made of the
attorney generals department itself. q
Your attention is, therefore, called to
the provisions Of chapter . of the general
laws for 1902 which IS In terms amenda-
tory Of the general statutory provisions
found in the 1894 codfcation, chapter SO,
Of the general laws for 1873. and to the
provisions of the report of the committee
of public accounts and expenditures. as
made to the house Of Representatives I'M
der date of April Is, 1908, and found
spread upon the journal Of that body. BY
the provisions of the act Of 1902, assum-
ing that to be a. valid legislative enact
ment, you were provided with additional
and extraordinary means for performing
the duties imposed upon you by the act
Of 1878, as defined by Mr.. Donahower, ito
make an examination Of the books, papers,
accounts, bills, vouchers and other docu-
ments Or property Of the said state audi
tors office for the purpose = y . OF
ordering and enforcing a correct, and as
far as practicable, uniform system of
bookkeeping by the state treasurer and
auditor, so as to afford a suitable check
upon their mutual action, and assure q
thoro supervision and safety of state
funds and Of exposing the faults or err
rOneOus systems of accounting" 1t was
thus the very natural course for the house
of representatives to follow for it to adopt
the report of its committee, as referred
to above, in which it was recommended
that the public examiner investigate thor
oily into the stumpage and Individual
stumpage and mineral land accounts due
the state, as we'll as the outstanding rail-
road, express, telephone and telegraph
taxes, and that he be requested to take
such steps as are necessary to enforce
| their collection
The same report had relation to the
timber cut In trespass and no proper in
vestigation of the stumpage accounts on
the books Of the state auditor can be made
without thoroly overfaulinS the records
of the. settlements of these trespaso
claims. ...@s y