Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1897-10-22
Those shannon County Gases.

States Attorney Walter Anderson
has. at the request of County auditor
Stanley rendered an important opinion
concerning the liability of Fall River
county for expense incurred in the ar
resi- and prosecution of prcsons for
crimes committed in Shannon county
All organized county ON the Sioux res
ervation but attached to Fall River for
judicial purposes.
Following is the opinion:
IIoT SPRINGS. S. d.. Oct. l5. 1897.
William III. Stanley. County Auditor OF
Fall River County. Hot Springs,
South Dakota.
received. stating that you have been
directed by the commissioners of Fall
River county to draw warrants against
the funds of Fall River county to pay
the fees and expenses of officers of
said county in the matter of the arrest
and preliminary examination of one
John Rondo. charged with the murder
of one Benjamin 1'ibbitts. lr. i'll the
county of Shannon South Dakota. the
said Shannon county being Il part of
the Sioux Indian Reservation. and
stating that Il question has been raised
as to your authority to draw such war
rants and asking my opinion in the
matter as States Attorney of this
county.
First. as TO whether or not you can
: refuse to draw the said warrants. the
said Commissioners having ordered
them to be drawn by you, am of the
opinion that you may so refuse if you
have reasonable ground to question
the legality of such warrants or the
power of the said commissioners to
issue the same. a case almost directly
in point has been decided by the South
Dakota supreme court from our own
county. being the case of Evans VS..
Bradley. - n w. Rep, .2l.
Second. as to whether or not you may
have any reasonable grounds to ques-
tion the legality of such warrants or
the power of the board to issue the
same. This practically resolves itself
into the. question as to whether or not
the said fees and expenses are q legal
charge against the said county. lfthey
county. and have been properly audited
and allowed by the board. then you
have no reasonable ground forrefusing
to draw and issue the warrants But
find that section 425 of the compiled
laws of 1897 of Dakota. provides that
the said costs and expenses of officers
shall be audited and paid out of the
territorial now state treasury: that
where criminal prosecutions arise in
unorganized counties attached to or
ganized counties for iudici;, purposes
(said Shannon county being attached
to this Fall River county for judicial
purposes) the expenses and costs, in
Guiding the lawful costs of keeping the
prisoners, shall be audited and paid
out of the territorial (now state) treas
ury, the same having first been certi-
fled to as correct 10y the district attor-
ney (now states attorney and having
been allowed by the district court NOV
circuit COURT. In the case of Morgan
VS.. State of South Dakota. decided b.
onr supreme court on the 10th day OF
October, 1896. published in volume 6
of the Northwestern Reporter, at pag'
53S, the supreme court held that tn,
state is responsible for such costs aut
that suit may be brought against the
state for the same upon the refusal o
the state auditor toaudit and allow tn,
claims presented to him therefor.
Very Truly Yours.
WALTER ANDERSON.
States Attorney