Pine Bluff daily graphic., 1903-07-24

LEGAL OPINIONS
BY ATTORNEY GENERAL TO BE
LIMITED TO THOSE RE
CURED BY LAW.
Some Interesting Opinions by s|r. Mar,
ply on Various Topics o.
General Interest.

Attorney General Murphy has ls>u q
circular letter, showing Il - OF
fcia,s to whom he is required by law
to give opinions when asked, and stat
ing that he will in future give opln=
ions only to these.
Contained in Col. Murphy's circu-
lar letter is concise opinion on
those matters which have been most
frequently asked about by his cor es
pondents. The letter is as follows.
The attorney general can give no
official opinions except on request
of the governor, secretary OF state, au-
ditor, treasurer, state land commls-
sioner, state superintendent of public
instruction, commissioner of mines,
manufactures and agriculture, touch
ing some constitutional or legal .qaes-
ion concerning the official duty OF
the officer making the request the
prosecuting attorneys, upon legal
questions concerning the financial in
terests of the state. and to county cleo
.lon commissioners concerning the
election laws No opinion given by
him to any other person, or upon any
othe. matter, carries with it any more
weight than if it were given by any
other lawyer Nevertheless, from
county judges. sheriffs, assessors,
county treasurers. road commission
a9s, road Cyerseers, justices OF the
9eace. constables, mayors. recorders
Jf municipalities and private persons
have received many inquiries extend
ing even into the tens of thousands,
all of which | have separately and
specifically answered by courtesy; but
| as the time has now come when l
| must be often absent, | deem 1t not
,mDroper TO state my views of the
egal propositions on some of the lead
| ing matters involved in such inquiries.
| by way of anticipation of those 10
| come hereafter, under the nope that
they may, through the press, or by
being mailed out from the office, fur
| nish the desired information:
County courts should allow no
claims against the county not spe-
cifically provided for by law-no con-
structive fee. (Dig. Sec. 1237.)
The county is liable for the costs
of no conviction in any criminal case,
misdemeanor or felony, unless the de-
| fendant has no property out of which
they can be made (Sec. 1915; "a Ark.
125D
AS a general rule the county IS
liable for costs in cases Of acqulttal,
OF dismissed by the prosecuting at
torney, where the case was instituted
bv indictment. whether misdemeanor
or felony: IN no other instance is the
| county liable for costs in mlsde.
meanor case.
The county is liable for fees OF all
witnesses before the grand jury.
| In prosecutions instituted by Pl-
vate persons before justice OF the
peace. the prosecutor must give bond
j. cots, sxcept as provided -
lion 1925.
The governor. by pardOning q con
| fSv,o
nit the costs
If sheriff attends two different
courts of record opened and held at
different times of the same day, he
is entitled to fee for each attend
ance.
Tax assessors should assess all prop
arty at its value Where the owner
j land sells the timber standing
.hereon. but not the land, the land
should be assessed to him, the tim
her to the purchaser.
Banks. brokers and stock jobbers
| hould be assessed in accordance with
:ecticns 6446-6+52
County clerks are required to fur
nish. at the expense of the county,
the assessors of their respective co
| the assessors of their resp&oVe
! counties with blank lists for the as
sessment of personal property (Acts
1891, p. 239.)
Every liquor dealer, whether by the