Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-01-13
ATTORNEY GENERAL
BEFORE GRAND JURY
SUPREME COURT DECIDES IN "A.
VOR OF MILLER IN GRAND
JURY CASE.
Case Has Attracted State Wide At.
tention and Means Settlement OF
Long Standing QUESTION.

Long Standing QUESTION.
The supreme court handed down Its
decision in the case wherein Attorney
General Miller asked for a writ OF
certiorari to the district court of the
Sixth judicial district so that he might
appear as prosecuting attorney before
the grand Jury. Judge Winchester
had denied the attorney generals re-
quest to be allowed to appear before
the grand jury, and it was on this de-
cision that the question arose.
The same problem has come up in
the past and now that the decision
has been handed down it means that
the attorney general or his assistants
have the right to appear before any
grand jury session in the state.
Following is the syllabus by the
court:
The State of North Dakota, ex rel
Andrew Miller, Attorney General,
Plaintiff. VS.. The District Court Of
Burleigh County, Sixth Judicial
District for the State of North Da-
kota, and Hon. w. H. Winchester,
Judge, Defendants.
/. Section 1912, Revised Codes OF
1905, relating to the prohibition law
provides, among other things, as
follows: "Whenever the states at
tornev shall be unable, or shall neg
lect or refuse to enforce the provis-
ions of this chapter in his county,
or for any reason whatever the pro-
visions Of this chapter shall not be
enforced in any county, it shall be
the duty of the attorney general to
enforce the same in such county, and
for that purpose he may appoint as
many assistants as ne shall see lit,
and he and his assistants shall be
authorized to sign, verify or file all
such complaints, information, petit
lions and papers as the states attor-
ney is authorized to sign, verify or
file, and to do and to perform any
act that the states attorney might
lawfully do or perform; 80
Held: That the attorney general
and his assistants have the right to
appear before the grand jury and ex-
anime witnesses and lay before 1t
any matters relating to the violation
of the prohibition law.
2. Section 2494, Revised Codes Of
1905, provides among other things,
as follows: 1.-THE attorney general
or his assistants are authorized to
institute and prosecute any cases in
which the state is a party whenever
in their judgment it would be to the
best interests of the state to do So"
Held: That the attorney general
has the right to appear before the
grand jury at any time when in his
judgment he deems it for the best
interests of the state so to do, and
that each of his assistants has the
same right.
3. The right Of the attorney gen.
eral and his assistants to go before
the grand jury, is not effected by
Section 1929, Revised Codes of 1905.
allowing only the states attorney to
appear before the grand jury for the
purpose of giving information or ad-
vice relative to any matter cogniza-
de before them, and to interrogate
witnesses before them whenever he
links it necessary, and permitting
10 other person to be present during
he sessions of the grand jury ex
,ept the members and witness &C.
ually under examination.
(Syllabus by the court.)
This is an application by Andrew
Miller, Attorney General, for writ
# certiorari to the district court of
he 9Th Judicial District and the
Ion. w. H. Winchester, J.
Writ awarded.
Andrew Miller for plaintiff, r. N.
stevens, Newton & Dullam, IF. H.
Register and T. R. Mockler, of
for defendants.
Opinion Of the court by Carmody,
:, Spalding and Ellsworth, j., con-
urring, Morgan, c. j., and Fisk, j.,
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