The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-17
THE BRIBERY SCANDAL
Attorney General Nolan Will
Assist the Jury.
SUPREME COURT DECIDES
1t Is Held That He Has Full Power to
Aid, Advise and Direct the County
Attorney in the In
vestigation,
Special Dispatch to the Standard.

IlelSHl, oth. ne supreme court
held to-day that Attorney General no
Ian had a right to appear before the
grand jury and assist County Attorney
Mcconnell in conducting the examina-
tion of witnesses Who are to be called
to tell what they know of the bribery
scandal. Justice Hunt announced the
courts decision, the other Justices CON
curring. The court ordered the writ Of
review issued and Judge Mcintyre
who, on Saturday. held that the attor-
ney general could not appear before
the grand jury, Was instructed to per-
NIT the attorney general to act with
the county attorney. The attorney
general was accordingly before the
grand jury for a while to-day The
court says that while the constitution
does not chothe the attorney general
with supervisory powers over the in
ferior officers of the state, his duties
in that respect are more clearly de-
fined in the political code. Discussing
the supervisory powers of the attorney
general, the court says: The policy
OF the law is easily discerned. The at
tofney general is the principal law
officer of the state. His duties are gem
eral: his authority is co-extensive with
public legal affairs of the whole com
munity. His advice often affects the
right of all persons within the sta.e.
and, excepting judgments and orders Of
court, his opinions control public in
terests more largely than do the acts Of
any other official Of the state. Respon-
slhilities of soahigh a character are usu-
ally put upon a lawyer of ability, ex-
perlence and character. and presum-
ing the attorney general to be such,
the statute has given him the signih-
cant, yet extensive powers, referred TO.
Again, eXigent times occasionally arise
in the affairs of The state, where local
considerations render it impolitic to in-
trust county attorney with the dis
charge of hissdlty unaided by learned
counsel. representing the supreme au-
therity of the state. Circumst auces
sometimes demand tnat there shall not
be a suryisory action but an assist
ance to an inferior official as WELL 10
the end that justice may be more GER
tainly attained. When considerations
of this nature move the attorney gem
eral, or even when they do not move
him, yet the governor is moved by
them and directs him to exert his au-
thority he shall assist the county al
torney, and must do so in the dis
charge of duties which the county at
torney is required by law to perform.
In the particular matter under con-
sideration, the requirements by the
public service have been ex-
pressed by the lawmakers them
services. in the form of a resolution
requesting and directing the attorney
general to assist the county attorney
in the investigation OF bribery charges
made by certain members of the legis-
latlVe assembly, convened on Jan. 2
1899, connected with the election of Il
senator of the United States now pend
ing before the Legislature of the state
True, these resolutions have not the
strength of the law, but they are en-
titled to that high respect due to the
solemn dec1arat tiOnS of the wishes of
representatives of the people who are
to elect a senator While they furnish
ample ground upon which the attorney
general may put to use the authority
of his office, predicating a statement
thereon that the requirements of the
public service make it his duty to as
sist the county attorney in the dis
charge of his duties" %*
The court then turns it's at.
tention to a discussion of the duties OF
the county attorney.
mo duty, though is laid down for
him to do in the performance of which
he can escape the supervisory powers
of the attorney general says the
court, nor is there any official act to
be discharged by him in the perform
ance of which he may not, where pub
lie interests require it, be assisted by
that official expressly authorized and
to assist him. The statutes
defining the duties of the county attor-
ney do not curtail or restrict in any
manner whatsoever the duties or pow
ars of the attorney general, or vest any
authority in the county attorney exclu-
sively where public service requires
that the attorney general assist him.
The attorney general may in his assist
ance~ do every act that the county at
.orney can perform, and, in his super
vis1on may even undo any that he has
already done. The statutes prescribing
he duties of each are in perfect har- |
nony, and a complete system in all |
eases ordinarily arising. with general
to supervise, and to be present |
md assist in matters of extraordinary |
II is suggested that the at |
orney general cannot conduct exami- |
nations before the grand jury because |
If section 1910 of the penal code which |
provides that an Indictment must be |
let aside when person is nreSent dur |
ng the session of the grand jury and |
when the charge embraced in the in |
lictment is under consideration, eX-
,ept as provided in section 1888. section
IT'S of the penal code (nuoting the sec
ion.)
The objects Of this statute are to
preserve to those clothed with authority
# prosecuting for the public the right !
O interrogate witnesses before the
,rand jury and to keep the proceedings
# that body as secret as possible by
Excluding those not vested with such
authority; but this is part of chapter
V. of the penal code, pertaining to
PROVISION of the powers and duties of
-rand juries and not to those of the
ounty attorney or the attorney gen
raj the scope Of whose authority and |
uties is elsewhere specially provided
or by the law, hereinbefore discussed
n this opinion.
There is no Inconsistency between
ecton 1888 and the statutes controlling
be duties of the attorney general and
f the county attorney, for, as we have
cen, it being the right of the attorney
eneral to assist by doing whatever the
0unty attorney may do, no statute
eguating the procedure of grand ju-
les and DESIGNATING those who NAV he