The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1908-04-09

ments made in this paper in regard to
the action of the attorney general s of
fee in declining to give out an opinion
in regard to the disposition to be made
of challenged votes in the various cities
where voting machines were used. The
letter of the attorney general is as fol
lows:
Madison Wis, April 2, 1908.
Head & Simmons,
Prop. & Pub. Kenosha News:
Kenosha, Wisconsin,:
Gentlemen
I am today in receipt of marked
copy of the Kenosha Evening News
of March 81, 1908, which contains an
article concerning the Department of
the Attorney General Of this State,
which does said department grave in
justice to say nothing of it's libelous
character. I am loathe to believe, in
fact feel confident that you would not
Intentionally publish such an unjust,
false and misleading article.
In it this department is taken very
severely to task for not rendering GER
tain official opinions to the clerk of
your city and the language used, to
say the least, is Incorporate and not
well considered. Permit me to state
that it is no part of the duty of this
department to advice cities or city Of
ficials. The law and regulations gov
erning this department provide to what
officials and departments it shall render
legal opinions.
Upon receipt of a letter, under date
of the 14th ult, from the city clerk Of
Kenosha requesting an opinion relative
to the use of the voting machine in your
city, he was informed in letter under
date of the 10th ult. 'FThis is a ques-
ton that should have been submitted
to your city attorney. It is his duty
to advise city officials in such matters.
[ will say to you unoficially. .... :"
and the letter proceeds as matter of
courtesy only to make some suggestions
to him and also calling his attention to
the fact that Mr.. Tucker had noticed
in newspaper that the city attorney
of Milwaukee had given an opinion to
the clerk of that city along the lines of
the questions submitted. Under date
of the 25th ult. Mr.. Harrington, in
stead of going to your city attorney
again requested written opinion on
the subject. Mr.. Tucker again suggest
ed that he correspond with the city
attorney of Milwaukee. It appears
from your article that had Mr.. Harring-
ton in the first instance followed the
law and consulted his legal advisor
Mr. Slater, City Attorney, it would not
have been necessary for him to call up
on this or any other department under
no legal duty to even acknowledge re
ceipt of his letter
1t further appears that even after
Mr.. Tucker had pointed out to him his
duty to lay this matter before your
city attorney, he did not do so but con-
tinued to urge upon this department a
rendition of an opinion which it was
not it's duty to furnish. Your city
clerk was treated with every courtesy
by this department, in fact it went be-
You'd any duty it owed him in order to
be of some aid to him.
You will readily appreciate the fact
that this department cannot render
opinions to officials and municipalities
which it is not it's duty to don Were I
required to furnish all legal opinions re-
quested by private individuals, road
district, school district, town, village
city and county officials, it would re-
quire force of attorneys ten times as
great as [ have. Giving unofficial opin-
ions obviously leads to neglect of of
fetal business, to assuming unnecessary
responsibilities and becoming involved
in disputes, controversies and misunder-
standings in which the state has no
interest. The legislature has therefore
wisely provided for town, village, city
and county attorneys.
The inability of the author of the
article in question to intelligently
write upon the subject which he so
fearlessly laid hold of is we'll evidenc-
ed by the foregoing, and his further
suggestion that bill be rendered to
the state to compensate your city at
torney for having officially advised
your city clerk.
| enclose you, herewith, copy of a
letter sent to Mr.. Harrington yesterday
with reference to an article published
in the Milwaukee Sentinel and called
to my attention before your paper was
received at this office. I feel very con
fident that you now fully appreciate and
realize the wrong which has been done
this department and the false light in
which it has been placed in the eyes Of
the public by your publication, and
request that this letter be given the
same publicity as the original article.
| might add that I have been in public
life in this state as district attorney and
otherwise for number Of years and
this is the first occasion upon which
have ever found it necessary to make
signed statement in any newspaper,