The Cairo bulletin., 1912-03-18
NO LAWYER TO GUIDE
Illinois Went Through Civil
War Without Legal Head.
History OF States Oldest ONCE
Reveals Interesting Facts and
Its Origin in Ancient
English Practice.

/ ing and during the Civil war without
an attorney general although the con
stitution recognized that Office?
asked an old attache OF the depart
ment today. Il didn't know it either
until | accidentally stumbled upon
the fact While was looking up some
Information the other day"
The truth OF what the attache had
said was easily confirmed
/ The state was without an attorney
general from 1915 to 1868, and passed
! through the trying years before and
during the war without the guidance
j OF such an officer
Other interesting facts developed
in quick inspection of the history OF
this essential department
The Oldest Office in State.
1t is the Oldest Office in the state
II existed when Illinois was only a
Nirginian county. 1t was recognized
when Illinois was a territory and the
state constitution Of ISIS made GER
tain restrictions respecting IT,
1t is the only executive office in our
present form OF government which
traces its origin directly 10 the an
cient English government
And it is also true It has come
through to the present day without
material changes in form, duty or
power
The constitution Of 1915 disqualified
the attorney general as a member Of
the general assembly by whom the
Office was to be filed.
Many Years Without an Officer.
The constitution of 1915 recognized
t'e Office and prohibited its incum
bent to hold a seat in The legislature.
but from that date 10 1861 the gener
al assembly ignored the office and
made no provision for filing it either
by appointment or election. Hence
the remark OF the cid atlache.
In 1861. two years after the close
of the war. the assembly made the
otFice elective, empowering, however.
the governor to appoint to fill out the
time to the date Of the next following
general election
Ingersc' Selected by Ogeshy.
Governor OgIesby selected Robert
G. Ingersol who served for almost
two years.
Washington Bushnell Of ottawa
was the first attorney general elected
by popular vote There Ii vein Of
sentiment connecting and associating
his administrator of the Office witt
that Of William H Stead who nov
seeks denomination; for the two mer
bore the close relation to each othe.
Of teacher and pupil.
Made Constitutional Office.
The constitution OF 1870 made It
constitutional elective office. james
K Edsall Of Lee county was the frs
to be elected under its terms.
The Duties of the Officer.
The ancient English attorney gen
cral was the chief law officer of the
crown and its only legal representa-
tive in the courts.
His position in Illinois today IS
practically the same, except that his
sovereign Is the people His powers
in England were never defined def
nitely. He performed such legal duty
as he deemed necessary for the cd.
forcement OF the law. the preserva-
ticn OF order and the protection O.
public rights.
The Illinois legislature has never
specifically enumerated his duties and
the courts have not undertaken to
define their limitations or extent.
The Supreme court has held THAI
he is vested with all the powers OF
the English Office and, in addition.
those imposed by statute.
His statutory duties fall under two
heads, the advisory and the court
Touches State and County Affairs,
In the performance of these duties
he touches every question afIectin:
the government of the county and the
state
He is the legal adviser Of the gen
eral assembly, governor, all state off.
GERS, state boards, commissions and
institutions, seventy.fve In number
all Of whom have the right to ask his
guidance through his written opin.
ions, of the law under which they are
operating, or of the procedure they
have outlined for their office.
In one way or another all the acts
OF all these governmental agencies
pass under his scrutiny before any
legal questions involved reach final
adjudication in the courts.
Remarkable Number Of Opinions.
The record OF this Office during the
last eight years has been remarkable
for the number Of opinions rendered
in response to requests from these
agencies and the general assembly
and for the practical unanimity witt
which they have been sustained in al
those instances in which the ques
tons under consideration we're sub
mtted to the supreme court
Touches County Government.
The attorney general Is likewise
the legal adviser of the states attor