The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-02-13
KUCHLER SCORES
LEGAL ADVISER
Saws Attorney General Should
Do Something or Re-
sign.
REFERRED TO LAND CASES
uousE KILLS APPROPRIATION
roR ADDITIONAL COUNSEL.
REFERRED TO LAND CASES

.1f this official (the attorney generaD
cannot protect the interests of the state
- that capacity he should resign
This challenge was thrown out to At
s,-nev General Breeder by Representa-
ave Rudolph Kuchler Of ogden yester-
day
AR KuchIer severely scored the at
,ornev general i'm the debate on the re-
,,ort of the special joint committee to
consider the suits brought by the gov
(rnnent 10 recover certain alleged coal
1ands sold by the state under it's land
grant. -.
so-red Monday. on motion of Mr. Kuch-
Lev in order 10 gain further light on the
Inject. As stated I'm yesterdays Her
IA n was presumed 10 be Mr.. Kuch-
ier,s purpose TO criticize the attorney
general .u
tordav AT the request Of Nephi Jen-
san the chairman of the joint commit
AR Kuchler Immediately took the
eoor in opposition to a motion to adopt
+be report which commended an ap-
,,ronriation Of $4,000 for the employ
nf
.cvnert testimony and for the necessary
lcvpenses Of Intervention by the state in
,be suit Of the government against Ar
thur A. Sweet
Mr. Kuchler said he realized the posi-
ZION of the gentleman from Salt Lake
Cur Jensenl i'm his declination to an
sve- certain questions put to him on
Monday. on account Of the courtesy due
one professional man from another.
Scores Attorney General.
Gentlemen" continued Mr.. KuchIer.
"vou are again asked today 10 make an
sppropriation To assist i'm hiring coun-
sci 10 defend the rights Of the state.
This state has a certain official termed
the legal adviser. and one who gives
his opinions as TO the rights the state
has. or is supposed to have. The off,
cial I am referring TO is the attorney
general of the state.
Gentlemen. two years ago I was
chairman OF a certain special commit
tee relating to legislative business,
when an opinion was asked for by me
and given by this gentleman, and after
reporting upon this opinion given to
me. the legislature enacted a law ap-
propriating money for the purpose of
taking UP certain illegally issued GER
tifcates.
Being chairman Of this same COM
lnittee. l again asked for an opinion.
vhCreupOn the same advice was given
me and action taken thereon. the at
t3rney general being instructed to col
lcct according 10 the opinion given. But
yesterday thai same gentleman, in a
report given to this body. stated that
he had given a certain 'member'-and
] want to say that the member referred
20 was myself-advice that he could
rot carry out the purport OF his former
opinion, owing to the conditions being
changed. BY this official thus revers-
ing himself. the state will be unable 10
collect upward of $4,000.
Now. gentlemen. if this official can
not protect the interests OF the state
IN that capacity, he should resign.
Wants State Protected.
II il is necessary in the present ease
thar the state shall intervene 20 pro-
tecJ its rights and this gentleman is
unable TO properly represent the state
interests, let him ask that assistance
he given him. and say that he is unable
"a protect the states rights. / would
rather pay $4,000 a year TO an attor-
ney competent TO represent the state
and guard its interests on any and all
occasions than pay the small salary
that the incumbent receives and for
which the state seems TO have no pro-
lection when its rights are endan-
gcred."
Mr.. Jensen spoke ct some length. ex-
planning that the recommendation of
the joint committee was made after a
fun conference with the state board of
land commissioners and a hearing Civ
on TO well-knOwn attorneys who were
familiar with conditions. The COM
mittee was unanimous I'm its opinion
that the state should intervene in the
Sweet case ard that a sufficient sum
should De appropriated TO secure the
hest Of legal counsel 10 represent the
states interests. since the government
had special and expert attorneys en-
p.oyed I'm the prosecution of the case
The case should be made a test one in
o-der that the state may know where
j stands on the land question.
TIE motion to adopt the committees
report was lost by a vote OF p nays
10 p ayes
A bin making the appropriation