The Dickinson press., 1910-05-21
Of STATES ATTORNEY

DUTIES Of STATES ATTORNEY
Recent proceedings on the part Of the
county commissioners are somewhat
interesting to the public as bearing upon
the candidacy OF the present states
attorney Of this county, who is now
serving his third term, and Is seeking
reelection by the people.
At q special meeting called for that
purpose, the commissioners passed q
resolution. q copy of which appeared
in the Dickinson PRESS of May 7th,
appointing the firm Of Miller & Costello
Of Bismarck to assist the states at
tofney of Stark county in bringing suits
to recover money paid out on all forged
or illegal warrants and to assist in the
defense of all suits brought against the
county for the collection of outstanding
unauthorized warrants, said Miller &
Costello to receive a retainer in advance
OF $500. 90, their expenses and 10 per
cent of all money so collected; said
retainer, however, to be applied in
part on the commission on collections
if anything is collected. The Miller
of said firm is Attorney General Andrew
Miller. also q candidate for reelection.
Quoting from the law prescribing the
duty of the states attorney Sec. 24e4,
r, G, n, D., 1905, we find:
Sub. 10. "He is the legal adviser of
the board Of county commissioners. He
must attend all their meetings when
required, and MUST oppose all. claims
and accounts presented against the
county which are unjust or illegal"
Sub. IL. If any county officer has
drawn any warrant in his own favor OF
in favor of any other person, without
being authorized BY the board of county
commissioners, or by law, and the same
has been paid. the states attorney is
empowered and IT is HIS DUTY to
institute an action in the name of the
| county to recover the money so
paid when the money has not
been paid on such order OF warrant it
is the duty of the states attorney on
receiving notice thereof to commence
an action in the name of the county to
restrain the payment of same. and no
order of the board of county commits
sioners is necessary to maintain such
action"
This is what your states attorney
agreed under oath to do when he took
his office.
For five months il has been a matter
of common knowledge that a large
number of unauthorized warrants had
been issued in this county, but the
states attorney has done absolutely
nothing in regard to the same as re.
Quired by law. By reason of his in.
action the commissioners sought advise
from the Attorney General Miller, who
met the situation by having the fore.
going resolution passed with the ap.
proval of your Mr.. M. l.. Mcbride.
Now right here is where | wish t
inquire why we should pay the attorne,
general, who now draws a salary Of
So, 900. 90 a year and $3.50. 20 additional
for expenses, with two regular assist
ants at 81. 500. 90 q year and a specia
assistant in this county, this large fee
Why should the people of this count!
pay him $500. 90, his expenses and
commission of 10 per cent of the sun
recovered on authorized warrants? VIII!
should they. pay anyone for doing tina
which the states attorney, M. L
Mcbride, is paid for and required unde
the law to do himself.
If the attorney general OF this stat
can give a large share of his time. tn
time of his assistants and six Mime
opVAA0 NOSOSSASVo " AAOAU AK oIoeO . a.
torney, to enforce the prohibition law il
this county, without any request fron
the people or commissioners, he certainl
can assist the states attorney in tn
litigation Over these warrants withOu
being paid an exhorbitant fee in ad
dition to his salary.
l do not criticise the commissioners
consider them to be among u bes
citizens with the interest of the ia;
payers at heart. They are not lawyer
and must depend on the states at:orne
and attorney general for advice, an
it was necessary that something b
done in regard to those forged warrants
In my opinion they have the right
employ council to assist the state
attorney in pending litigation in whic
the county is a party. But it shout
not be necessary to pay a states a,
torney a salary and also pay a large fe
and expenses to nonresident attorney
for assisting him.
In my opinion the attorney genera
has no right. to such a fee for service
rendered which are in line with tn
; duties of his Office and clearly arisin
from the public necessities of Of
) people.
If you believe as 1 do l would
pleased to have your support al tn
Republican primaries on June 10Th.
G. A. MCFARLAND.
Candidate for States Attorney