Philip weekly review. [volume] (Philip, Stanley County, S.D.) 1907-1912, 1911-11-16
WHY IS A STATES ATTORNEY?
Law Construed that States At
torneys' Duties are Limited to
County Matters
February 10, 1909.
julius ii. johnson, States Attor-

neI. Fort Pierre, >. ID. -
Dear Sir;-I have your inqui-
ry of the Sth inst. You state
that YOU have great number
of inquiries concerning matters
of law from township officers and
YOU inquire whether it is your
duty as state s attorney to answ-
er these inquiries and draw pa
pers for township officers.
Replying thereto, | would state
that a township, town, city or
school district organization is an
entirely separate and distinct cor
porate body from the county or
ganizatiOn. While these subdivi-
sions all bear some governmental
relation to the county and to the
state, yet each is distinct and
separate corporation, having it's
own officers. who are selected
and paid by it.
The state S attorney is an Off
GER of the state. so far as the
prosecutions for offenscs against
the state laws are concerned, al
though he receives his compensa-
ton from the county, and he is
also an officer of the county so fal
rs civil actions are brought for
or against the county and so far
rs counsel and advice to county
officers may be required.
Section $50 of the Political
Code Of 1870 makes it his duty to
give opinions and advice to the
board of county commissioners
and other civil officers of his
county. But nowhere in the sta
5nte Is there any provision max
ing it the duty of the state s at
torncy to give counsel and advice
40 the officers of any other civil
organization. If a state s attor-
ley were required to give coun-
sci and advice and prepare pa
pers for all of the corporate sub
divisions Of the county he might
ind himself in the position of act
lng as attorney for one township
OF school corporation as against
another township or school corrpo
alton of the same county. Furth-
r. than this, it would hardly be
possible for one attorney to act
is counsel for some fifty or sixty
corporate bodies in addition to
that of the county
1t is my opinion that the state Z
attorney is not required, and
should not be expected, to give
counsel and advice or prepare
papers for school, town, city or
school district corporations of his
county by reason Of the position
ne holds. There is no bar to a
state $ attorney acting as counsel
for these subdivisions providing
| he has the time to do the work
and is paid by them for such SER
vices. But such work is not a
,prat of his duties as states at
JOrncy.
In giving counsel and advice
to the superintendent Of schools,
It is quite likely that he may be
required to advise in relation to
school district affairs as an Incl
dent thereto and in advising
the county commissioners and 9th
er county officers, he may Incl
dentally be called on to pass up
on questions affecting township
or city organizations. But in
such cases, his counsel and advice
should be limited to the county
officers and to their duties with
the respective lesser organiza'
| lions. The officers of these less.
er organizations have no right to
come to the state S attorney fol-
counsel and advice, unless he il
retained and paid by them as at.
torney for the corporation OF
which they are officers.
Yours very truly,
S. w. Clark,
Attorney General.