The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-02-09
ATTORNEY GENERAL.
The Bill Introduced for the Crc-
alton of This Office.


The proposition for the creation of
the Office of attorney general of the
territory has been advanced a great
many times The following bill in that
respect is now before the Council:
A Bill for an Act Creating the Office of
| Attorney General, and Defining the
| Duties Thereof.
Be it enacted by the Governor and Leg
islative Assembly of the territory of
Utah
Section 1. There shall be appointed
by the Governor, by and with the adj
vice and consent of the Legislative
Council, a suitable person learned in
the law, and who shall have been ad-
mitted to practice by the supreme
court of the territory, as attorney gen
eral for the territory, who shall hold
his office for a term of two years and
until his successor is appointed and
qualified.
Section 2. The attorney general shall
reside in the territory and shall not alb
sent himself therefrom exceeding sixty
consecutive days
He shall be commissioned by the Gov
ernor, and shall take the oath pre-
scribed by law and give bond with
security, to be approved by the terri
torial auditor and treasurer, in the sum
of five thousand dollars, conditioned
upon the faithful performance Of the
lduties of his Office.
Section 3. The: attorney general shall
Iattend each ofA'the terms of the SUI
Ipreme court, and prosecute or defend,
as the case may be, on the part of the
territory, all civil cases in which the
territory may be party; also, all
causes to which any officer of the terri
tory, in his official capacity, may be a
ma # a ali 10 ioI,
lcounty may be a party, other than
those in which the interest of the coun-
ty may be adverse to the territory, or
of any officer of the territory acting
in his official capacity and after judg-
tment is obtained in any such case, he
Ishall direct such proceedings, and is
sue out such process as may be re-
CURED to carry the eSame into execu-
Ition, he shall account for and pay over
TO the proper officer, without delay, all
moneys which may come into his hands
belonging to the territory or any coun-
ty thereof.
Sec. 4. The Encouragement shall
bring suit in the proper court upon all
bonds, undertakings or recognizances
taken in original or other proceedings,
for the benefit of the territory, and dill
lgently prosecute the same to final judg-
ment. He shall account for and pay
over to the proper officer all moneys so
COLLECTED The probate judges, clerks
lof the supreme and district courts, COM
lmissioners of the supreme court, and
justices of the peace shall deliver to the
attorney general all bonds, undertake
ings or recognizances in which the ter
, ritory has an interest. as soon as the
same are defaulted, and under exist
ing laws, may be sued
Sec. 8. The encouragement shall
bring suit in the proper cout upon the
laff1 nfn how <0f
county officer, for the breach of any
of the conditions thereof resulting in
loss or damage to the territory.
Sec. 6. The attorney general shall
bring all civil suits in the interest of, on
for the benefit Of the territory, includ-
ling all actions for the usurpation of an
Eoffice or franchise when the office OF
: franchise relates to the territory He
shall keep docket of all suits brought
and proceedings had as in this act pro-
> vided; which docket shall at all times
during business hours be open to the
; inspection of the public, and shall set
forth the county district and court in
which said suits or proceedings shall
have been instituted tried and ad-
judged, the nature of the demand the
stage of the proceedings, and when
/; prosecuted to Judgment, a memoran-
: dunn of the judgment, and the process
+ If any, issued therefrom, and whether
satisfied or not, and if not satisfied the
return of the sheriff or other officer
: on said process.
+ Sec. 4 When required. the attorney
general shall give his opinion in writ
ling upon any question of law, to the
e Governor, secretary of the territory
5 auditor, treasurer, and all other terri
e torial officers and boards, and to the
e prosecuting attorneys of the respective
: counties, upon questions of law relating
: to their respective offices, and he shall
t when required by the Governor or ter
: lritorial officers, prepare forms for con
e tracts, bonds and other instruments O
n writing, which may be required for tn,
e use of the territory. 1t shall be hi
e duty. to attend and take part in tn,
trial and prosecution Of any murder o.
e lotheP felony in any district court of tn,
I territory upon the direction of the
L Governor, or the request of the judg
e of the court in which said trial may b.
had, and he may so appear upon tn
request of the prosecuting attorne.
Having charge of the prosecution; II
!. addition to his expenses in ATTENDING
;, lany trial in district court, sucl
reasonable compensation as may b.
allowed him by the court in which sucl
U services shall be performed, not ex
r. ceeding the sum of $50 in any case.
= Sec 8. If the encouragement shall
It neglect or refuse to perform any O
e the duties required of him by law. h
II lshall be deemed guilty of a mis-
IS ldemeanor, and shall be subject to re
e moval from office; and shall be re
n lsponsible upon his official bond for al
Y Icarelessness, negligence or malfeasanc
d in Office.
II Section 8. The encouragement shaI
o receive a salary in the sum of $500
e per annum. payable out of the terri
l. torial treasury quarterly upon hi
own warrant All expenses and dis