Crawford avalanche. (Grayling, Mich.) 1879-19??, 1886-07-22

DOutu thict putouNht w c'1SNso
ment. Roll called, quorum present.
Minutes of Yesterdays session read
and approved.
The special COMMITTEES appointed to
confer with the Attorney General sub
niitted ms their report a communities
ton from said Attorney General.
which was upon motion of Supervise,
Newman, accepted and adopted, and
ordered spread upon the journal.
State Of Michigan,
ATTORNEY GENERALS OFEIcK.
Lansing, April 20, 1885.
Charles NJ. Jackson, A. Il. Newman,
Ira II. Richardson, Thomas g. High
and Thomas Wakely, Supervisors
Committee of Board for Crawford
County.
COMMUNICATIONS communication
OF 2Ist. instant relating to controver-
sy between the Board and your Prose
cutting Attorney, duly received.
You state that the Treasurer of
Grayling, Crawford County, in collect
ing taxes for the year 1885 under the
advice of your Prosecuting Attorney,
levied upon and advertised certain
logs for sale. That the owner of the
logs filed u bill in chancery and OBJ
tanned an injunction restraining the
sale by the treasurer. No other per-
sons or parties having been made de-
PENDANTS. That after consultation with
the. Township Board the Prosecuting
Attorney was employed and moved
the Court for dissolution of the in
junction. This motion having been
denied, application was made at che
request of the Treasurer, by the Pros
ecuting Attorney, 10 the Supreme
Court for mandamus to compel the
Circuit Judge to set aside the order
made by him. This notion t seems,
was likewise denied. Request was
then made that the Prosecuting At
torney defend the suit Bills were
then submitted by the Prosecuting
Attorney to the Township Board for
services and expenses in the Circuit
and Supreme Court. The charge
against the township was proportion
ate to the township tax as to the
whole.
You ask the questions:
LIST. Whether the township is liable
for the attorney fee and expenses in
the Supreme Court or in the Circuit?
%. Whether the county is liable for
the whole or part of these expenses?
3D.. Whether in such or "a similar
case the township officially can require
the Prosecuting Attorney to defend
the case or must they retain him as
they would any other Attorney
4tn. Are township officials entitled
to call upon the Prosecuting Attorney
9 rfferf ana "a angRaahRP n9a a5tstRa 9fa s
counsel and advice free, and and as to
supervisors right to ask his advice9
5th. Also as to duty of Prosecuting
Attorney to defend townships where a
tax is paid under protest and suit
brought to recover money back9
9Th. AS to his duty to defend town
ships when injunction is obtained
against the County Treasurer restrain
ing sale, and the townships are also
made parties defendants, and whether
il the townships desire a special de-
Tense they must pay for it?
LIST. AS far as the statement made
shows their tax was one or may have
been one including county and state
as well as township taxes. The Treas
urer while a township officer is under
great obligations to collect the state
and county taxes as township.
As to all matters relating to the col
lection of taxes the Prosecuting Attor-
ney is made the legal adviser of Coun-
ty and Township Treasurers, and all
Supervisors of the County, and can
make no charge for such services, Sec.
%, Dirt. Is, 3 Japs 1885.
The Prosecuting Attorney III his
County is required to appear for the
State and County and prosecute or de-
TEND all suits Criminal or Civil in
which the State or County may be a
party or interested. HoUelrS Statutes :,
Sec. 55i.
The Prosecuting Attorneys are re-
quired to give opinion In cases where
the State or County may be a party or
interested "when required by any
civil officers in the discharge of their
respective official duties relating to
the interests of the State or County"
Ho,celrS Statutes, Sec. $50.
Is the State Interested? AS under
stand the question and facts both the
tate and county were interested as
'tate aud county taxes were being col
Iected and as the Township Treasurer
was of tbs officers mentioned in Sec
j53, Howell's Statutes. he had the
light to call upon the Prosecuting At
torney for advice and council and for
lefense in these Courts mentioned in
Section 551.
The law provides that mo Prose-