The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-11-01
Entered at the Billings Postotfice as Second
Glass Matter.
FRIDAY, NOVEMBER l., 1901.
POOR LEGAL AUTHORITY.

BY it's dismissal of the appeals in
cases where the appellants acted in
accordance with the law passed las,
winter by the legislature and sub
mitted typewriter instead of printed
transcripts. the supreme court vir.
tually declared null and void that law
and also gave the legislature to I'm.
derstand that certain limits exist be.
yond which it may not go in it's ef-
forts at legislation. 1t told the dis
tlnguished gentlemen that making
laws pertaining to matters exclusive.
~ within the purview Of a co-ordin.
ate branch of the state government is
not n OF the prerogatives with
which they are vested, notwithstand
ing the fact that they may have been
advised to the contrary by the gentle
man who has the honor of being the
attorney general Of the state.
The same eminent jurist received
another slap in the decision OF the
court rendered in the matter of the
mandamus proceedings brought by
the Mitchell Furniture company
against the state furnishing board.
1t is not an evidence Of prejudice to
say that as chief legal advisor of the
state he should have known the law
In regard to advertising for proposals
for state supplies. Neither is it in
dicative Of unfriendliness to assert
that he should have been able to dis.
tinguish between an advertisement
Worded in a manner that would per.
nit 1t to stand the test of the law and
one not SO worded. Yet he has
shown himself unable to do either.
The first invitation for proposals was
not legal because not published in
the number of newspapers of the
state required under the law and the
second was declared void, even be-
fore a doubt concerning it's legality
had been raised, because it's mani.
fest purpose was to restrict bidding
to certain firms who could comply
with the restrictions which the attor-
ney general and some other official
gentlemen deemed necessary to i'm
pose for political objects.
In resorting to the means which
they adopted in both instances to
make party capital the gentlemen af-
fected by the decisions of the su.
preme court stand convicted of one
or W charges, or possibly both.
Either they are lamentably ignorant
OF the law, or else so carried away
by party prejudice that they are will
ing to ignore the law and do that
which they think will inure to the
greatest success of the party to
which they owe they their exaltation.
TO whichever of these charges they
decide to plead guilty will not bet.
ter their standing before the people.
The greatest measure of blame will
probably attach to the attorney gen.
eral, for he is Che legal counsellor )
Of the others and as such must bear
The responsibility of the bungling that
has been done.
1t is fortunate for the state that r..
7 Is possessed of a body capable Of
upon the things done by the :
asst legislative assembly and that that -,
same body is superior to the man who ,
s supposed to be the chief legal cd :
'isor OF both the legislature and !
tate officers. All lawyers cannot be :
attorney generals and by applying the !,
anne form of reasoning it becomes !,
cry evident that all attorney gen. .
rails are not lawyers. :