Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1912-01-19
Attorney General Gives
LEGAL Opinion.

Legal opinion.
Pierre.-A number of the counties
of the state have, by petition, FLEE last
summer suspended action of the state
GOOD roads law, pending a. vote on It's
adoption or rejection at the general
election next fall. The question OF
the proper tanner Of submission OF
this question to the voters, ma Deer
brought to the attorney general 1or an
opinion as to manner OF procedure.
That official holds that the law does
not REQUIRE publication of the law to
he submitted, in full, either by publ
cation in newspapers, nor by pamphlet
as is required at present tor consul
tutional amendments and referred
laws. The referendum on this propo-
sition is only by counties, as is the
herd law and all which is required
in the way of publication is the fact
that the road law" is to be submitted
to the voters, which is considered to
he sufficient notice for them to inform
themselves as to what they are called
upon to vote on.
Another opinion of special Interest
to county tr%easurers is in regard to
payment on premiums on the ofhc1al
bonus of such officers. A law OF the
last session provided for the payment
of such premiums by the county. But
the different county treasurers over
the state had given their bonds prior
to the going into effect OF the law the
first of last July, and these bonds are
held to be contracts entered into be-
fore the law allowing the counties to
pay the board premiums became effect
i've. and that as the law cannot be
made retroactive, the contracts made
prior to the new law remain in force
and effect, and the counties cannot be
called upon to pay even second year
premiums on said bonds, as they are
continuous contracts entered into prior
to the law. 1t Is held though, that
with the consent of the county COM
missioners, old bonds may be Cancelled
and new ones secured for the present
year, which would allow of the county
paying the premiums, but that this &C
ton can only be taken by and with the
consent of the county boards. And
unless they consent to such change,
if the bond contracts were for two
years from the first Of last year, the
t~reasurers must pay their W pre-
miums.
The seed grain law is also held to
be void insofar as it makes the pay
ment for seed grain a tax against the
land, and prior lien against any and
all other claims. Generally the law is
held to be good, only bad in the Sec
tons attempting the above provisions.
Arranges a Series Of Hearings.
Pierre.-The railway commission
has arranged to hold a hearing at Mel
lette on the 23rd inst to consider the
complaints of the towns along the M.
& st. L. regarding deficient train SER
vice on the Conde-LeBeau branch. At
tho same hearing it will consider a
complaint lodged against the North
western and M. & St. L. regarding an
o~vercharge on a car Of immigrant
goods from Condo to Stratford. On
the oath it will listen to the complaints
of the citizens of Faulkton, Orient and
other towns along the Orient-Roscoe
branch concerning poor passenger ser
vice. The hearing will be at Faux
ton. A complaint was made by the
| citizens of Wentworth against the Mil
waukee to require it TO keep its station
| open for the night rain.