The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1894-02-08
HAVE NE AN ATTORNEY?
The Legality of the Election of ST..
Pierce is Questioned by.
Attorneys.
IF the People Cannot Elect a Nom
Resident Can the Com
miSSiOnerS?

The county commissioners are liable
to be confronted by another interesting
case before long, if rumors are true.
There seems to be a doubt in the
minds of great number of people as
to whether the election of S. L. Pierce,
of St. Paul, as county attorney, was
legal election, inasmuch as he is not
resident Of this county. Several st.
Paul lawyers, of considerable stand
ing, have given it as their opinion that
the county commissioners had no right
to go outside of the county for an at
torney when there we're several resi-
dents of the county who have legally
been admitted to the bar of the State.
The further theory is that the people
are not allowed to elect man legally,
who is resident outside of the coun-
ty, and hence the board can have no
greater power than the people, if as
great. The case of Sullivan, who was
elected county attorney of Stearns
county is cited. At the time of his
election on the Democratic ticket as
county attorney of that county he had
not declared his intention of becom-
ing a citizen; the case was carried to
the Supreme court, Oscar l.. Taylor.
the county attorney at that time, claim
ing the right to hold over by virtue of
Sullivan's non-citizenship, and the
Court in a sweeping decision,
unanimously declared Sullivan's cleo
ton void, issued an custer order, and
held that Taylor was the legal county
attorney. In letter from one of the
most prominent attorneys in St. Paul
several other cases are cited to show
that Mr. Pierce's election is not legal,
aud that if the proper steps are taken
the Boafl can be compelled to elect
an attorney resident of this county.
The fact that Mr.. Pierce has been
acting as county attorney in the Mad
igan cases does not cut any figure. It
appears that he came here as attorney
of the county commissioners to prose-
cute the charges before the governor.
Then when the grand jury met, and it
was limited that the witnesses sub
poaened before it were for the purpose
of procuring such indictments as to
secure acquittals for Madigan, Mr..
Fierce came here accredited with let
ters from Attorney General Childs to
act as assistant to the State. Mr.. Mad
igan, however, consented to allow
Judge Webber to appoint him assist
ant county attorney for the prosecution
of the cases that might arise against
the county. The State, or Court, can
furnish an assistant at any time in
special cases, but if reports are true,
neither can select an attorney outside
of the county to act as permanent
county attorney during a term of Of
flee, providing there are competent at
torneys in the county to fill the Office,
and certificate of admission to prac-
tice before the courts of this State, is
a sufficient guarantee of competency.
The GAZETTE is reliably informed
that the Board, in appointing Mr..
Pierce, accepted his advice alone, and
did not call for the opinion of either
the attorney general, or any one else
having knowledge of the law gov
erning the appointment OF such an Of
fetal. Mr.. Pierce would naturally give
an opinion favorable to himself, al
though it might be an honest opinion.
The people. in case the point is con-
tested, will watch with considerable
f., interest, for the decision of the Su-
preme Court, as such a decision will
be a precedent for future similar cases.