The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1936-02-13

haps instead, authorize me, II 1t be
your opinion that you should de-
fend the Highway Department in
this matter, to hire outside coun-
SELF"
To this letter Attorney General
Peterson replied on January 23rd
at length, refusing to represent the
state auditor or to authorize him
to employ counsel. The attorney
generals letter contains the fol-
lowing language:
a.. You have not consulted
with me or laid before me any evil
dence, or even statement OF
facts" (Mr. Kings detailed letter
of information of January 18th
was in the attorney generals pos
session when he wrote this state
ment).
g.. You ask me to lay aside all
considerations of duty, honor and
principle and to interpose the ans
wer which you desire to make
It (the state auditors request
quoted above) is one which no man
would make, who has the slightest
regard for the principles to be OBJ
served and the duties and obliga-
lions imposed on him to whom such
request is made. Your request Is an
arrogant one and want to tell you
just as emphatically as I can that
my answer to 1t Is no ="
It is doubtful If anything like
this Incorporate and amazing let
ter has ever before issued from the
office Of the attorney general in
the entire history Of Minnesota. 1t
would appear that under present
conditions it is not safe for any
department of government to make
a simple request for advice as to
procedure from the office Of the
attorney general, and that ant
such request runs the risk of being
denounced as arrogant" and
branded as asking the attorney
general to "lay aside all consider,
atoms of duty, honor and princi-
Pile"
The second classic was supplied
by an assistant in the office of the
attorney general, John E. Katz
marek, in his argument in support
of a motion in Judge Albert Ener
sons court at Redwood Falls, Sat
urday, February list, to dismiss the
temporary injunction against the
state auditor and the state treasur
er in the matter of the proposed
payment of $1,000 by the highway
department.
Mr.. Katzmarek argued that Meth
er the state auditor nor the state
treasurer nor the citizens of Red
wood Falls had any right to be re
presented in court and that the
court itself had no jurisdiction ov
err the commissioner of highways
who, young Mr.. Katzmarek elo
quently declared, is the sole and un
restrained authority in all matter!
in connection with the department
of highways. The commissioner
Mr.. Katzmarek declared, may gran
or withhold, may spend or refuse tt
spend, as his mood, his fancy Of
his judgment moves him. The com
missioner is autocrat of the de
partment, its dictator, car or wha
have you that is more absolute. II
his enthusiasm for the powers o
the commissioner of highways, Mr.
Katzmarek enthusiastically com
pared him to Alexander Selkirk'
lone hero and fervently acclaimed
I'm a monarch of all survey, m.
right there is none to dispute"
It is said that after this remark
able outburst subsidized, Judge Ener
son eyed the young assistant at
torney general contemplatively TO
a moment and then said, you ma.
be right, although I do not thinl
you are, but if you are, God he'll
the treasury Of the State of Min
nesota! Motion denied"
The matter of $4,000 which tn
highway department proposes t.
pay to Elsie F. Appleton and to he
attorney, Frank w. Murphy, TO
Mrs. Appleton's property, close b.
which, but not over which, passe
state highway No. 10, has beel
aired in daily papers several times
but apparently all the facts hav
not been published.
In order to acquire new right o
way on completed highway 10 il
Redwood Falls, the highway de
: partment began condemnation pro
ceedings against various partie;