Semi-weekly register. (Brookings, Brookings Co., S.D.) 1894-1898, 1898-10-18
THE RODDLE CASE.
Attorney General Grigsby Renders His
Decision. Read 1t.

Attorney General Grigsby Renders His
Decision. Read 1t.
Attorney Generals Office-Septem-
ber 3, lS98.-Hon. William H. Roddle,
Secretary Of State, Pierre, S. D.
Dear Sir: | have your favor of the
10Th inst, requesting my opinion as
to the proper construction to be
placed upon Chapter 80 of the Session
Laws of 1897, an act creating a state
brand and mark committee, ETC.,
more especially Section 3 of said chap
ter. Your specific inquiry being as
follows:
81. Should the fees paid in with ap-
plications be considered fees of the
secretary of states office, and as such
turned into the treasury with other
fees earned by the office?
''2. Should the 20 per cent. of the
fees referred to in section to be
paid to the secretary of state as a
member OF said committee be consid-
cred part of the secretary of states
fees and as such paid into the treas
ury with the other fees earned by the
Office OF the secretary Of state?
'3. Is it within the power of the
legislature in view of the fact that
the constitution limits the salary of
the secretary of state for duties per-
tanning to his office, to place upon him
additional duties foreign to the ordi-
nary duties Of his office, and provide
compensation therefor, and if so
would this case in question be one
wherein the duties are such as to be
clearly subject to such a construction
and the secretary Of state properly
authorized to perform such duty as
member Of the brand and mark COM
mittee and to receive compensation
therefor? And in any event would
or would not the secretary of state
and the committee, in the absence of
any judicial decision, be guided and
controlled by the evident intent of
the law in question:?
Replying thereto will say that the
evident intent of the legislature
which enacted this Chapter should be
followed as far as possible when such
intent is not in conflict with the con-
stitution of the state.
In the creation of this brand and
mark committee the legislature has
provided for the appointment OF three
members by the governor who, to-
gether with the secretary of state,
should transact the necessary busi-
ness in connection Herewith.
Section 3 OF said act reads as fol-
lows:
"The secretary Of state shall as
soon as practicable after the passage
Of this act procure suitable book or
books in which all brands and marks
shall be recorded. Each person de-
string to have his brand or mark re-
corded as hereinafter provided, shall
pay into the office of the secretary of
State fee of $l.50 for recording such
brand or mark, 20 per cent. Of all of
which fees so paid into said office
shall be paid to each member of said
state brand and mark committee as
full compensation for their services
and 20 per cent. Of said fees shall con.
stitute fund out OF which to defray
the expenses of the secretary of state
incidental to the discharge OF his du-
ties as a member of said committee
BY this section the legislature has
evidently intended that the brand
and mark committee be self support
ing, setting aside as the provision
does, 20 per cent of the fees for an ex.
pense fund and the remaining 80 pei
cent. to be divided equally among the
four members.
II is probably not contemplated
thai any part Of such fees should be