The Saint Paul globe., 1905-04-25
COUNTY BOARDS ARE
BARRED BY STONE
Assistant Attorney General Out.
lines Duties of Commission.
erS i'm Ditch Cases

The office of Atty. Gen. Young has
handed down a ruling under the new
laws which will throw an important
side light on duties of county attorneys
and. incidentally. relieve them of much
work in connection with litigation in
ditch cases.
Former Atty. Gen. w. J. Donahower
ruled that county attorneys must ap-
pear for boards of county commission
ers when a case had been appealed
from their decision to the district court.
The ruling by Asst. Atty. Gen. r. A.
Stone holds that the board or the coun-
ty commissioners have nothing further
to do with the matter when it has gone
to court.
Attorney Stone holds that the matter.
when it has reached the district court
on appeal, is strictly a matter between
the petitioners and the objectors. The
law is quoted to show that IL the court
sustains the action of the board, il is
the duty of the court. and not the
board. to proceed with the work
The ruling is made at the request of
County Attorney A. A. Stone of Nicol-
let county. and is embodied in letter
written him by Asst. Atty. Gen. Stone.
The letter follows:
When you were in this office few DAYS
ago you inquired whether or not it was
the duty of the county attorney to try an
appear 10 Ine OlSIriCI court from the or
der or judgment of the county commits
sioners in a proceeding to establish a
ditch or drain After inveStigat ton have
come to- the conclusion that it is no part
OF the duty OF the county attorney to APP
pear in such appeal
There is certainly no provision of law
which directly or by inference makes it a
part of the duties of the county attorney
TO try such appeals. If there were no
county attorney the county commissioners
would not be under the necessity of en-
ploying an attorney to try the appeal. The
county has no pecunlafy interest IN drain
age proceedings at any stage. and after
an appeal has been taken the commission
eTs have no interest in the matter and no
duties to perform. Upon an appeal from
the Judgment. order or determination of
the county commissioners the district
court is vested with jurisdiction and the
county commissioners are deprived of all
Jurisdiction Section Is, chapter 25S. Laws
1901, provides that If the action of the
county commissioners be sustained "in
whole or in part. the location and eStab-
liShment of such ditch TO such extent
shall be ordered by said court and the
court shall. in such order. fix as near as
may be the time when the auditor shall
give notice for the letting of the contract
for the construction of the proposed work .
1t is obvious from this that the commits
sioners can have nothing further to do in
the premises after an appeal has been
taken and this view has been expressly
recognized by the supreme court of this
state in its decision in the case of Nc
Millonette VS.. Board of County Commits
sioners. 100 y. W, SS4
A drainage contest, after an appeal to
the district court, is controversy be-
tween the petitioners and the objectorS
and matter in which neither the county
nor the county commissioners are in any
way. either nominally or actually. inter
eSted; Therefore it is no part of the duty
Of the county commissioners or of the
county attorney to take part in such an
peal. Yours truly. Roy A. Stone.
Assistant Attorney General