The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-09-19
OPINION RENDERED ON
the ITASCA POOR FARM
Assistant Attorney General Holds Word
Buildings" Includes Lands on
Which They are Erected.

opinion by George L. Simpson, hrSt
assistant, holding that in spite of
the words real estate" in the law
authorizing appraisement of county
property, the word buildings" prac-
tically includes real estate on which
the buildings are located. This
permits of appraisement of the
Itasca county poor farm, which is
supposed to contain valuable iron
ore deposits. The opinion is given
to Einar Hoidale, chairman of the
commission appointed by the govern
ment and is self explanatory as fol-
lows, that
To Einar Hoidale, Esq, chair
man, Minneapolis:
The commission, consisting of
yourself, Hon. Thomas Downs and
M. C Tiff, Esq, appointed by the
governor to inquire into the valu
alton of properties belonging to
Itasca county in connection with
the division of said county whereby
Koochiching county was formed,
inquire as to the proper construction,
in the opinion of this office, to be
given section 1913, Revised Laws of
Minnesota for 1905. The same pro-
vides as follows:
All territory so transferred shall
continue liable for it's proportion of
the excess, if any, of the indebted
ness of the original county above
the value of it's county buildings,
and of the balance of funds in its
treasury.
The question being, whether the
term 'building,' as used therein, in.
cludes furniture, fixtures and equip.
ment of such county buildings aud
the land upon which buildings staud
and whether it should be construed
to include lands owned by the coun
ty and used for county purposes, up
on which at the time of the separa
ton no county buildings had been
erected.
In reply therein, beg to suggest
that the statute is remedial one
and therefore is to he given a con
struction calculated to carry out thu
purposes of the enactment, and on
as broad as the language of the &C
will consistently permit. This sec
ton is also section 634 Genera
Statutes, 1S49, which in turn wa
taken from the original act know
as chapter 143 of the General Law
of Minnesota for the year 1898.
Section IA of that act, so far a
herein material, provides that:
When there is any bonded o
other floating county indebtedness:
outstanding against any county GU
of which any such new county ha
been wholly or in part created, tn
same shall be paid by such old ant
new counties in proportion to thei
respective valuations, provided tina
in case any snch county has beer
wholly or in part formed createt
possesses county buildings erected
by the county, the same shall b.
appraised and the present valu
thereof to the county in which sucl
buildings are situated, shall be ascer
tanned as hereinafter provided
1T seems quite clear from tn
foregoing that it was the intention
of the legislature in enacting suc]
law to have regard only to the build
ings which had been erected an>
which were to remain with and to b.
used by the parent county, that i
was competent for the legislature 81
to do, there can be no doubt. Blu
the term buildings has often beer
held to include the land upon which
the same stands and I am of tn
opinion that under the rule of liberia
construction above noted, this coule
be the construction given to tn
statute now under consideration
Furthermore, that the term build
ings,' as used in this statute, doe
not include mere furniture but in
cludes such fixtures as are attached
to and are a part of such count,
buildings, and does not include lane
upon which at the time of tn
separation no county buildings hat
been erected.
George Simpson,
Asst. Atty Genl."
"Sjster" Cell Dead,