The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-03-03
tnrs the attorney xen-za, 10 alone and

the states attorney may ar any time
be substituted for by the attorney gen
eral upon the order Of the judge and
necessarily he mus, hold himself in
readiness therefor.
3. The governor may. at any time.
require the attorney general to aid the
states attorney and necessarily the at
torney general must at all times hold
himself qualified and in readiness for
sue hscrvices and duty.
In The face of the express statutory
provisions can it be seriously urged
enter into Il lawful, cnforcihle con-
tract with a. county to be paid private
compensation for the counsel and adj
vice required of him by No. l. supra.
(Sub 4. Sec. 1881 or for the services
which he is expressly commanded to
perform when called upon (sub. O..
Sec. 2434. Sub. Z. Sec 86l under No.
2 or 3 by the judge or governor.
h express statutory provisions and
the policy announced by them forbid
and render illegal. unlawful. null and
void, such q contract.
2. Private Practice. The attorney
general and his assistants claim the
right to engage in the private practice
Of their profession as lawyers.
There appears to be no statute eX-
pressly forbidding OF denying this
claim.
We believe. however. that it is un.
lawful because 1t is contrary to the
policy of express law and good morals
that h attorney general and his as
sistants should engage in the general
practice Of their profession for reasons
as follows:
ta) The office of the attorney gen.
eral belongs to the executive depart
n1ent of the state; it is one of its chief
rYpcvIfiVa 0fficnS. h. io r,llaA pn4r ~
advise and counse with the other ex-
ecutive officers and his opinions may
he called for and are recognized. by
the legislative department. He occu-
pies an important official relation to
the supreme and other courts of the
state.
(b) 1t is impossible for the attor-
ney general to separate himself from
the office: he may pretend not to act
in his official capacity but inevitably
he carries with him his office and his
official position. honor and influence.
(c) 1t is manifestly improper that
the honor, weight and influence of this
high and respectable Office should he
thrust into the scales Of justice in ia
vor or at least at the behest Of private
lttigants. or that 1t should be for sale
for the private gain OF a fortunate
and INSCRIPTIONS incumbent there
of.
(d) There are no constitutional or
statutory provisionS forbidding the
governor from p%rarticing his profess
sion, should he happen to be a lawyer:
yet could we view with equanimity the
spectacle of the chief executive APP
pearing at the bar of a coordinate
branch Of the state government as the
paid advocate of private or corporate
interests? Blu the difference. if n
there is, is in a degree only, and not
in principle for the attorney generals
office belongs and is a part of the
same executive department and the at
torney general is the legal counsellor
and adviser of the same governor.
(e) The private practice Of his
profession by the incumbent Of the
office of attorney general must in
evftably lead to abuses and most ques-
tionable practices: the greed of private
gain necessarily furnishes and be-
smirches the honor and dignity of the
Office and the most indulgent observer
would expect for him.
Corporate Clients.
Particularly the public service and
similar corporations would speedily
recognize the value of crossing the
palm of the individual we'll favored
in holding an office SO high and pow
erful and touching So vitality their
interests n we ina 'tnat
The attorney general in the name
Zuger. III of his assistants under SAL
airy of $4,000 per year from the state,
appeared as the attorney for the
Western Union Telegraph company in
the district court of the Twelfth Ju.
dicial district and for it filed answer
in and on January Is and IA. 1918,
tried the case of Anton Waldo We. The
Western Union Telegraph company
before the judge of that court with a
jury.
We have no information to what eX-
tent the practice of appearing or con-
sulting as attorney for this or other
public utility corporations has grown
and developed beyond what is set forth
herein.
W The attorney general in the
names of Miller g. Lohr and of Miller
various insurance companies in writ
ing insurance upon state institutions
and has received therefor the sum of
$2.474.97.
Chicago. Milwaukee and st. Paul
Railway Company.
On February, 1913. Mr.. c. l.. Young,
another assistant to the attorney ger-
eral, also drawing A salary of $500
per year from the state. appeared in
the case Of Aberdeen Brewing coin-
pany VS.. the Chicago. Milwaukee and
st. Paul Railway company and on be-
half of the c. NJ. & st. P. Railway
company examined witnesses whose
deposition was then being taken.
Improperly Of Corporate Clients.
The Improperly of the attorney gen.
eral or his assistants acting or APP
pearing as the paid private counsel or
attorney of corporate interests is SO
obvious as to require no argument or
|.emphasis.
We merely call attention to the fact
Ithat-the governor under Sub. 6. Sec.
Sc. II. c. 1905 may at any time call
upon the attorney generals Office to
inquire into the managcm ut of any
domestic corporation.
The insurance commissioner reports
to the attorney general under Sub. 3.
Sec. 1856 in detail. n violation : law
relative to insurance companies, their
officers and agents.
Prosecute Corporations.
Under Sub. s. Sec. 1913 ii is the duty
of the attorney general to prosecute
corporations for failure or refusal to
make reports required by law.