Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-04-29
ATTORNEY GENERAL DEFINES
DUTIES OF VARIOUS STATE
DEPARTMENTS.
NEW COMMERCE COUNSEL
DOES NOT USURP POWERS
Now Counsel Has Charge of Certain
Rate Cases, Subject to Supervision
of Attorney General and Railroad
Commission-Cosson Powers Not
Abridged.
Special to Times-Repu blican.

special TO -Repu DllcaN.
Des Moines, April 29.-Attorney Cen
eral George Cosson today rendered to
the railroad commission an official
opinion. on which he has been at work
the past ten days, defining clearly the
relationship between the various de-
partments of state in reference to law
regard to the new office of commerce
counsel. The questions proposed to
the attorney general were so framed
as to call for a discussion of the reIa-
tons between the different depart
ments.
The attorney general holds. in brief.
that the commerce counsel law pro-
vides that that officer shall take charge
of rate cases before the railroad board
but it does not undertake in any way
to limit the existing authority of the
attorney general While the commerce
council and board of commissioners are
statutory offices that of attorney gen.
eral is constitutional office and he
is invested with both statutory and
common law powers. While the COM
merce counsel may institute proceed
ings before the board or institute them
when directed by the board the at
torney general may also bring such
proceedings in his own right
As to interstate Gases.
1t is also decided that in at least
some cases the commerce counsel will
be called upon TO appear before the
interstate commerce commission other
v1-ico nc no,
mandatory upon him to investigate
such rates. In regard to interstate
cases the board may proceed upon their
own motion to prosecute such cases
without the service of either the COM
merce counsel or the attorney general,
or they may place the matter in the
hands OF either the commerce counsel
or the attorney general. or the attorney
general may independently prosecute
any action or proceedings before the
interstate commerce commission. In
case there should be appearance by
more than one party neither would
have authority over the other and "the
work would have to proceed under the
comfy and courtesy which ought to
exist between two state departments
representing the same general interests
and the public welfare, and in case of
conflict 1t would be the plain duty Of
both to make every effort to get to-
gether upon a harmonious and workin g
basis and to that end to eliminate any
personal interests Or considerations"
Attorney General Supreme.
1t Is also found that the law con-
templates beyend any question that
the attorney general has charge of all
cases IN the state and federal courts
involving orders Of the railroad COM
missioners, and that nc responsibility
whatever is placed on the commerce
counsel to appear in either the state
or federal courts in regard to orders by
the commission. =.
But Attorney General Cosson also
holds that under all the circumstances
it would be neither illegal nor improper
for the commerce counsel to appear for
the board and to Cooperate with the
state department of justice in cases in
court when SO directed by the board.
The prohibition in the bill to prevent
the commerce counsel from devoting
himself to work other than that desig-
mated does not go to the length OF
preventing use Of his services in such
cases.
1t is also held that the law does not
in any way relieve the board Of respon-
sibility of furnishing ali the evidence
and data possible to furnish with the
funds at their disposal as affecting
these cases in court. The appropriation
of $4,000 was for that specific purpose
and to enable the board to furnish the
information needed to present to the
courts to sustain their positions.
Tt.
fire marshal of Iowa on July l he will
imm ediately begin an extensive cam
paign for the prevention of fire.
Mr. Roe, who was recently appointed
fire marshal by Governor B. F. Carroll
outlined his plans before meeting OF
the Iowa State Fire Prevention Assoc
citation in the Chamberlain hotel yes
terday afternoon 1t was the first time
he has spoken in public since his APP
pointment.
II contemplate q state wide educa
tionaI campign with the view Of de-
creasing the Joss from fire in Iowa, ;
he said.
1t is his plan to have public school
teachers. instructors in colleges an6
universities and pastors of churches to
assist him in his fire prevention cru
SADIE.
Zone day year should be set aside
in every school of the state as fire
prevention day he said. "The teach
ing of children TO be more. careful witt
| fire will mean great deal to the state
| now and in future years"
Mr. Roe outlined the law passed by
| the recent session OF Sthe general as.
sembly, which defines his duties.
Zone OF the first things I shall do
continued Mr.. Roe, sis to organize the
| eeware Of ointments for catarrh 1ha,
| NoS& -; - "A Areurx