The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1909-07-31
Hold Constitutional


Held Constitutional.
State fair grandstand. -. 100000
= Drainage fund, use for
state land ............. 62,5o0
Waterpower survey ..::. 12,5oo
y -;
st. Paul, July 30.-Attorney General
G. T. Simpson has answered State
Auditor, 8. G. Iverson and State Treas
urer C. o. Dinehart on the validity
of certain appropriations.
Mr.. Simpson holds that, in; conse-
quence of the supreme courts decision
in the pork barrel case appropriations
amounting to 100000 must be declar-
ed invalid, as coming under the head
of internal improvements. His opin-
ion knocks out the law Of 1907 under
which the state drainage board is en-
powered to use $4,000 year Of its
100000 appropriation to aid counties
in building bitches which drain only
private lands.
80 Set Aside sac, 1000 q Year.
Acting under that law the drainage
board recently set aside $4,000 a year
for the next two. years for aid to
county bitches, and this amount was
soon to be apportioned for the next
fiscal year. Two years ago the board
apportioned part of the fund to vari-
GUS counties, and there is $26,500 Of
the amount still unexpended, and held
up by today's opinion. It is appor-
toned as follows: -,
Aitkin cutoff ditch for Mississippi
river, $4,000; Norman county, $4,000;
Traverse county, $4,000; Redwood
county, $500. Todd county, $4,000;
Wabasha county, $4,000.
The state drainage board met to
act on the situation. The board con-
sists of the governor, auditor and Sec
rotary of state. Mr.. Iverson, as state
auditor, said today that as far as he
was concerned the, attorney generals
opinion must be final, and he would
decline to issue warrants under the
appropriations held invalid. As q
member of the drainage board he
takes the same position. 49,
schmahI Unconvincsd.
julius A. Schmahl. secretary Of
state, declared that he would not &C.
cept the opinion. II the drainage board
did not go ahead under the same .ap-
portionment. he said, he would pro-
coed as an individual to mandamus
the state auditor. and thus bring the
matter into court for a final determi-
nation.
Governor John A. Johnson, who ar.
rived from a lecture trip shortly be.
fore noon, declined to say what posi-
ton he would take, but 1t is thought
that he Ia inclined to stand with Mr..
schmahl and insist on a further test
Of the appropriations.
Attorney General Simpsons opin.
ion ater enumerating the items passed
on, gives his reasons for the ruling AZ
follows:
The $62,500 is for the drainage Of
the lands which the state as SOW
ereign owns. The s12,500 contem-
plates a survey Of the water powers
of the state, and, as such. is prohibit
ed by nc" provision Of the constitution.
It is akin to- a survey Of it's lands by
the government. As to the appropria-
ton for the grandstand, the supreme
court of this state in. the case of Der.
man vs. Minnesota State Agricultural
Society, SO MINI. 1875, has held that
the State Agricultural society is q
state department" and therefore the
state has the same power to approprf.
ate money for it as it has to. appropri.
ate money for any other state depart
ment.
On the other hand, after careful
consideration, ! am of the opinion that
the appropriation Of $25, 900 to assist
in the improvement Of water courses
or drains. other than those upon state
lands; the appropriation Of $25, 900 for
the MILESTONE river canal, and the
appropriation Of $4,000 for a read
through the 1tasca state park from
Bagley to Park Rapids, are not in har-
mony with the constitution and are
therefore each invalid. The hrst two
contemplate the drainage Of lands 9TH
or than those owned by the state, and
the latter is within the purview of
Cooke vs.. Iverson, lately decided by
the supreme court Of this state and
therefore prohibited.
sehmahI crItieizes Officials. :.
secretary schmahl openly criticised
the auditor and treasurer for hav-
ing asked for the opinion. mo
one else would ever have raised the
question" he said. land to hold up
these appropriations will do incalcul.
able harm. The prevention of our
reservoir system for the Minnesota
valley means. that the farms Of the
valley which hays been ruined by
l,s. :