The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1936-02-27
ACKNOWLEDGEMENTS;

The attorney generals Office in Min
nesota is entitled to front page, top
column for two classics that should be.
and undoubtedly will be, laid up in the
records and the archives for future
to marvel at.
The first classic is a letter from
Attorney General Harry H. Peterson to
State Auditor Stafford King. On Janu-
airy II, 1896 Mr.. King wrote to the at
torney generals Office submitting in de-
tail the facts in regard to an attempt on
the part of the highway department to
pay $4,000 for certain property at
Redwood Falls, expressing the opinion
that the proposed payment was un-
reasonable and asking the attorney
general what he should do as state audi
tor for the protection of the state.
Again on January Goth Mr.. King wrote
to the attorney general notifying him
that he as state auditor had been served
with restraining order in this matter.
Mr.. King, in his letter of January goth,
made the following request;
"Wil you, as Attorney General, either
appear for me personally and introduce
the answer which I desire to make, as
State Auditor, or will you assign some
member of your staff for that purpose,
CT, perhaps instead, authorize me, If it
be your opinion that you should defend
the Highway Department in this matter,
to hire outside counsel?"
To this letter Attorney General Peter
son 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 following language:
50. You have not consulted with
me or laid before me any evidence, or
even a statement OF facts CMr. Kings
detailed letter of information Of Janu-
airy 18th was in the attorney generals
possession when he wrote this state
mentD
g. .. You ask me to lay aside all
considerations of duty, honor and prin-
ciple and to interpose the answer which
you desire to make =. 1t the state
auditors request quoted above) is one
which no man would make, who has the
slightest regard for the principles to be
observed and the duties and obligations
imposed on him to whom such request
is made. Your request is an arrogant
one and want to tell you just as en-
phatically as can that my answer i;
no.
1t is doubtful if anything like this
Incorporate and amazing letter 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 tt
make simple request for advice as tt
procedure from the office of the at
torney general, and that any such re-
quest runs the risk of being denounced
as arrogant" and branded as asking the
attorney general ito lay aside all con.
sideration of duty, honor and principle.
The second classic was supplied by al
assistant in the office of the attorney
general, John E. Katzmarek, in hi!
argument in support of motion il
Judge Albert H. Enerson's court a.
Redwood Falls, Saturday, February 1st
to dismiss the temporary injunction
against the state auditor and the stat:
treasurer in the matter of the proposed
payment of $4,000 by the highway de-
partment.
Mr.. Katzmarek argued that neithe
| the state auditor nor the state treas
! urer, nor the citizens of Redwood Fall
had any right to be represented IL
court and that the court itself had n,
/ jurisdiction over the commissioner o
highways, who, young Mr.. Katzmarel
eloquently declared, is the sole and IN
restrained authority in all matters il
connection with the department 0
highways. The commissioner, Mr.. Katz
marek declared, may grant or withhold
may spend or refuse to spend, as hi
mood his fancy or his judgment move
him. The commissioner is autocrat o
the department, its dictator, cZaf o.
what -have-you that is more absolute
In his enthusiasm for the powers of thu
commissioner of highways, Mr.. Katz.
marek enthusiastically compared hin
to Alexander Selkirk's lone hero anC
fervently acclaimed, "I am monarch Of
all survey, my right there is none tc
dispute"
1t is said that after this remarkable
outburst subsidized, Judge Emerson eyed
the young assistant attorney general
contemplatively for a moment and then
said, You may be right, although 1 dc
not think you are, but if you are, God
help the treasury of the State of Min
nesota! Motion denied"
The matter of $4,000 which the high
way department proposes to pay to
Elsie F. Appleton and to her attorney
Frank W. Murphy, for Mrs. Appleton
property, close by which, but not over
which, passes state highway No. 10, has
been aired in daily papers several times,
but apparently all of the facts have not
been published
In order to acquire new right of way
on contemplated highway 10 in Red
wood Falls, the highway department be-
gan condemnation proceedings against
various parties. Later Mrs. Elsie F.
Appleton claimed damages and ap-
praisers appointed by the court, al
though the highway did not pass over
her land, allowed her $1,000 damages
about December Is, 1884. From this
award the highway department, repre-
sented by the attorney general, appealed
January 7th, 1885, the appeal declaring
that the award was grossly excessive
unreasonable, and contrary to law" and
81 +lnt AHrc hr,r,ln+o,n had 0S11ffprpS