The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1910-09-02
G0V.RULEsSHER|FFS|
POWER OF STATES EXECUTIVE
is ABSOLUTE, ATTORNEY
GENERAL DECIDES.
POWER SIMILAR TO THAT OF KING
Removal From Office Is Declared Prop
er Action.-Opinion Has Particul-
ar Reference to Liquor Law
Cases.

st. Paul. = The sheriffs in MinneSo-
ia are the personal representatives of
the governor and as such are respon1
sible to him for the conserving of the
peace not only by experimenting Grim
inals. but by preventing the commits
sion of any crime. In the event that
he fails to perform the duties the
sheriff can be removed by the COVER
nor either for malfeasance or nom
feasance
This is the sum and substance of an
opinion handed dcwIl by Attorney Gen.
eral Simpson in response to letter
from Governor Eberhart asking what
were the powers, duties and obliga-
tions of a sheriff.
Numerous complaints have reached
the Office of the governor and the at
torney general from all parts of the
state, particularly upper Minnesota,
with regard to the alleged violation
of law, not only affecting the sale of
liquor. but in other sections. Sheriffs
and other officials in the past have re-
fused to do anything without warrants
or complaints in hand. Mayors of
towns have stated positively that there
was no violation of law within their
limits, even though complaints have
ben made direct to the governor.
Many instances of violation have
been reported, notable among them the
case of the city of International Falls.
1t has been reported that the town was
wide open" Officials were unable
to cope with the situation In his opin-
ion the attorney general states that the
sheriff has, with but two exceptions,
the same power now that he had in
the days when he acted as the person
al representative of the king. In a
like manner he is now responsible to
the governor for all that he does.
Mr.. Simpson points out that the sher-
iff gives bond for the faithful per-
Torrance of his duties to the state of
Minnesota and not to any county or
other subdivision therein.
Under the laws of this state, as
under the common law, where the sher-
if was representative of the king. so
is he the arm of governor in each
county in the state, whose duty it is
to see that the laws of this state are
enforced and for his neglect or failure
he may be removed from Office upon
proper cause being shown"
Further in his opinion, the attorney
general defines the duties of the sher-
if as follows: LAS a conservator of
the peace, it is the duty of the sheriffs
of the state not only to apprehend and
Jail those who have committed crime
and otherwise act as a server of
process, but it is likewise the duty of
the sheriffs to prevent the violation
of the law, whether as to the sale of
intoxicating liquors or otherwise is
of no moment. 1t follows that for a
failure to either serve process that is
delivered to him or failure to pre-
serve the peace is ground in a proper
proceeding before you to remove such
sheriff from office. 1t is not enough
for a sheriff to state that no COM
plant has ben made to him with re-
gard to the alleged violation of law,
and that no warrant has been placed
in mis- hands for service. The duty of
the sheriff is broader than this, for
when complaints made to him that a
law is about to be violated or when
it is brought to his knowledge or he
has reason to believe that the peace
Of his county is about to be broken,
a duty rests upon the sheriff to con-
serve the peace, and for that purpose
he may call to his aid as many citi-
zens of the county as are necessary"
1t is thought that with the powers
thus defined for the sheriff that here
after there will be little excuse for
the violation of the liquor law in up
per Minnesota. The governor will
notify all sheriffs of his intention to
see that they comply with the letter
Of the law. He has stated that action
will be taken against the first who
does not obey.