The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-11
IT is NOT A SOFT SNAP
Attorney General Nolan Makes
His Annual Report.
SOME OF THE WORK DONE
The Extent OF the Duties Devolvirg
Upon the Of1ce-About $50 Opir-
iors Fave Resn Rendered-Ihe
Northern Pacific Tax Case.
Special Dispatch to the Standard.


| Helena. Dec. 10.-The first annual re-
port of Attorney General Nolan was
| flied to-day with the governor 1t coy
ers the same period of time as the re-
| ports of other state officers that are
! being issued, Dec. /, 1896. to Dec. /,
| 1897. The attorney general furnishes
! the executive with a detailed account
| of the transactions during the year in
| the office of the states legal advisor,
| the number and history Of state cases
attended to, as well as a digest of the
! opinions that have been prepared by
the office at the request of state oili-
GERS. state boards and various county
officers throughout the state.
The attorney general prefaces his de-
tailed report with few comments upon
the duties devolving upon the office,
from the tenor of which it is evident
that he considers the office anything
but a sinecure. He says:
In obedience to the laws of this
state, | herewith transmit to you the
annual report for this Office. You will
notice that it is exceedingly condensed,
but not so much so but that the con-
clusion is inevitable that the office is
not a sinecure. The list Of cases pend
ing and disposed of without any other
work under ordinary circumstances,
would engage one mans entire time.
The list of cases supplemented by the
list of decisions is more than conyinc-
ing that the incumbent of this office
cannot justly complain on the score of
lack of employment. / do not believe
that the legislature or the public gem
orally has ever realized the amount or
scope of the work Of this office. AS 1t
possibly might exercise a lettering in
iiuence on the legislature, which, at
each recurring session, evidences a dis
position to amplify and diversity the
duties Of this Office, / will burden you
for a moment with the consideration
Of those duties in detail. The attorney
general is the legal adviser of the gov
ernor, the secretary of the state, the
treasurer, the superintendent of public
instruction the auditor of the state, the
state land agent. the register of the
land office, the state examiner, the board
of pardons. the board of prison commits
sioners, the board of examiners, the
board of county commissioners. the
state board of education, the board of
equalization. the inspector of boilers.
the inspector of mines, the board of
medical examiners. the board of capitol
commissioners. the board of arid land
commissioners and several other boards
and bodies and officers whose designa-
ton ! cannot now recall, and whose eX
istence is made manifest by application
W tiliS oiIltt lOI dbN iCt
1t is rather fortunate for the incum-
bent Of this oaice that the executive is
by profession lawyer so that the
abor from that source is reduced to a
minimum. Lest that, opportunity for
too much recreation might exist were
the sources of labor confined to those
agencies already named, the legisfa-
ture makes the attorney general the
adviser of the county attorneys of the
different counties in the state, and ex-
pressly requires this officer, wherever
called upon, to give advice in writing
respecting any matter about which in
quiry is made to the board of county
commissioners of the different counties.
He is also expressly designated as the
legal adviser of both branches of the
legislative assembly. and no inconsid-
cradle portion of his work consists in
the vain endeavor to satisfy the gen
eral public and the county officers of
the different counties that it is not a
source of great pleasure to him to an
swer communications emanating thus,
and the more numerous those commu-
nications are the more intense the sat-
isfaction to him.
In addition to all of this he is a
member of the board of land commits
sioners, whose duty it is to exercise SUI
peryision over the landed interests Of
the state, and Is required TO attend all
Of the sessions of that board whenever
questions are considered affecting those
landed interests. He is n member OF
the board of examiners whose duty it
is to audit all of the accounts which in
Volve the expenditure of the entire rev.
enue of the state. He is a member of
the board of equalization whose duty
it is To assess the railroad property of
the state and equaliZe assessments be-
tween the different counties. He is a
member of the board of prison COM
missioners upon whom deNolve the
management of the penal institutions
of the state. He is n member of the
board of commissioners for the insane
to whom is assigned the task of exer-
cising supervision over the insane asy-
lum. and there may be possibly other
boards but the enumeration above
made is sufficiently comprehensive to
indicate the nature and extent of the
duties devolving upon this office.
This reference is made in no querul-
Gus vein, but is simply adverted to 50
that the legislative assembly may be
which devolve upon this office. during
the current year. as Will be shown by
the condensed list attached, which con-
tains about 80 opinions rendered and
in nearly every instance, with enc or
two notable exceptions. | was required
under the law to furnish this informa-
ton. This list formidable as it is, does
not represent the applications made. |
think that possibly | have declined to
give advice in as many cases as ! have
given advice during the current year.
and have referred the parties seeking
information To local attorneys or to the
county attorneys of their respective
counties.
Upon my advent into Office a case of
much Importance TO the state was pend
ing determination in the circuit court
of appeals. ] have reference To the case
of the Northern Pacific Railway Co. Ms.
Myers. involving the right of the state
To tax the unpatented lands within the
original grant Of the Northern Pacific
Railroad company. Judge Beattie. on
a demurrer. and Judge Knowles. upon
the final hearing, had decided adversely
to the contention of the state. and held
that those lands Were not taxable The
circuit court of appeals, in decision
recently made. reversed the holding of
the lower court. and unquaifiedly an
nounced the doctrine that these lands