The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-07-19
COUNTY BOARD SLABS
. At COUNTY At TORNfY
Big Four Votes to Ask Attor.
ney General to Interpret
Road Law

cover yesterday In It's light Tor q return
to the old system of road work, and
passed a resolution calling upon Coun-
ty Attorney Kane to ask Attorney Cen
eral Donahower to interpret the road
and bridge laws, as applied to Ramsey
county. The resolution fatty ignored
an opinion on the question submitted
by County Attorney Kane.
Mr.. Kane was not present at the
meeting when the resolution was
passed, but was informed of the action
just after the board had adjourned.
Clerk Drummond was still in the coun-
ty board room when Mr.. Kane entered,
and demanded to see the resolution.
When he had finished reading it he was
angry and made no effort to conceal
his anger. Throwing the resolution
back On the table, he declared
You can inform the county auditor
and any members Of the board you
choose that this resolution will never
be submitted to the attorney general
by myself or any one from my office.
The auditor asked and received from
our office an opinion on this question,
and If it does not coincide with his
views, or the views of certain members
of the board, let them go where they
please for their opinions. You may
take that resolution and do what you
please with it."
But Mr.. Krahmer informed the
board explained Clerk Drummond,
that you suggested asking the attor-
ney general for an opinion"
Mr.. Kane Boiis Over
This was just a trifle more than Mr..
Kane could stand and contain his self
cO1nDGSf1rR. a fairly '-x.yitI
rage and indignation.
want to say that I never made any
such suggestion to the county auditor"
declared the county attorney emphat-
lcally. IF he told this board that
did, he said what is not true. What I
did tell Mr.. Krahmer was that the law
was plainly stated in the opinion rem
dered by myself at his request, and
that if he did not like it he might seek
his opinions elsewhere
Inc resolution in question had to do
with the $6,400 appropriated some two
weeks ago for road repairs in different
parts Of the county. After the board
mad made the appropriation Mr.. Kane
held that the money could not be ex-
pended under the personal supervision
Of the two country members of the
board, as had been anticipated when
The money was voted, but that it must
be expended under the supervision Of
the town boards in the towns in which
the work was to be done. 1t was the
| duty OF the town treaSurers to file a
bond for the proper performance of the
work, and when this had been done,
! IL was the duty of the county auditor
TO draw warrant for the amount voted
| in each town.
I This plan did not suit the commits
| s1oners, who opposed any plan that
would rob that body Of supervising
| the expenditure of the money, and
when the town treasurers called for
| their warrants County Auditor Krah-
| mer declined to make them out.
Mr.. Krahmer was not sure that he
could legally do so, and he asked Coun-
/ ty Attorney Kane for a written opinion
| which was furnished. This opinion
was to the effect that the plan was per-
| fectly legal, and was the only legal
| manner in which the money could be
| expended. In the face of this opinion
! Mr.. Krahmer still declined to make out
the warrants, and when the board met
| yesterday he submitted a communica.
| ton asking the board to submit the
| legality of the question to the at
! torney general.
Pottgieser the Champion
| Commissioner Pottgieser championed
| the resolution. He did not care if the
| county attorney was the legal adviser
| OF the board. His opinions on some
| matters did not suit the board, and he
| believed they had perfect right to
! go to the attorney general for an opin-
| ion.
Commissioner Seng suggested that
the county attorney was the proper
person for the board to look to for
opinions, and he did not favor asking
| the attorney general, or anyone else for
| Opinions. He called the attention of
| the board to the fact that the county
had never been dragged into any seri-
Gus trouble or litigation by following
| the advice of the county attorney.
Assistant County Attorney O'Neill
took occasion to inform Mr.. Pott-
| gieSer that the county attorneys
office would assume the responsibility
| for any opinion it might render. Other
| members Of the board were apparently
| unwilling to so openly ignore the coun-
| ty attorney, and it is doubtful if the
| resolution would have passed had not
| Mr.. Krahmer stated that the resolu-
| ton had been suggested by Mr. Kane
| himself.
krahmer Is Boards Authority
| do you mean to say that Mr.. Kane
suggested that resolution" asked one
of the members, addressing Mr.. Krah-
| mer.
| Yes, sir; L talked with him about
! it, and he suggested that we ask the
| attorney general for an opinion" said
Mr.. Krahmer.
| We'll. if that is the case" said Mr..
| Pottgleser, that resolution is merely
an agreement between yourself and Mr..
! Kane
| well. not exactly an agreement. -
| said the auditor, but he suggested it.'
| Suppose we call Mr.. Kane in before
| We vote on it, suggested Mr.. Seng.
"Oh, that isn't necessary said Mr..
| Krahmer.
The resolution was passed. Mayor
Smith and Commissioners Seng voting
in the negative
1t was ten minutes later when Mr.
| Kane heard of the passage Of the res
olution, and of the manner in which
tit had been passed. The county au-
ditor and the commissioners had left
| the room when Mr.. Kane came rush
ing in, but their absence did not pre-
| vent the indignant county attorney
| saying what he thought Of the auditor
and of the board in general.
Kane Denies Statement
Mr.. Kane denounced as absolutely
| false the statement made by Mr.. Krah-
mer that the resolution had been sug-
| gested by him, and he added that the
auditor knew it was false
1 Little wonder he did not want me
| sent for" said Mr.. Kane.
Then he threw the resolution on the
| table, declared that the attorney GEN
u