The Glenwood post., 1914-09-12
DuDWna ~ 0oODXY

To vhst exts.A, saAes ths CeasrsAs
iavs, is tAe cessty attorney sSlissasd
T. give cut s0al aAvioe - prosecute
is hsAslf Of tAs esansy is . sssstiss
sesa Which aasy II ear eisi.sns afs
~ 1t sl eassr. fAsss is esasiAeeshls
lispssitisa to es.fs.e ths Astiss II
tie eeaty astss,sy saA the Gseriet st.
tss.sy a.A nasy of eur eiti.sss haze
ssas ts the ssasey se4ss.sy fsr sAv,cs
| Which sAssAA - fssnisAsa sitAss BY
~ district assrssy ~ ssas PrssAa
s1Ger.sy.
fksse people are ~ to baaAe fss
eetting in the vrsag Pev, sst the;s
confusion Is due 70 . lack Of knovl-
edge - their part Of tie duties Of
tie respective officers. Recently the
Red Gift News referred to the fact
that the district attorney had been
| employ ed to force the collection Of the
| delinquent taxes for that county and
intimated that as the county attorney
WAS under . retainer from the railroad
nothing could be expected from him
along that line, the inference being
that because of that retainer the
county attorney was negleeting his off
cial duty toward the people.
County Attorney Dilts resented the
insinuation in letter in which he
claims that the county attorney is the
legal adviser of the county commits
sioners and not of the county treasurer
whom the law makes responsible for
the collection of all taxes.
Mr.. Dilts' letter 10 so interesting
and yet so plain that it is reproduced
herewith:
To The Eagle County News:
In the News of last weeks issue
appears an article concerning the col
lection of taxes due from the railroads.
which article contains reflections dis,
crediting the county attorney. After
stating that Mr.. whatley, our worthy
district attorney, "was employed re-
Gently by the county commissioners Of
Eagle county to collect the taxes due
from the railrosds,' the News adds:
"This county has . county attorney,
but as he is under = retainer regularly
from the D. L r. g. railroad he is
hardly available in the many squabbles
that come up between the county and
the railroads.
This article conveys to the public
the impression that the county attor'
nney, by reason of his retainer from
the railroad, has failed to perform hia
duty to the county and that the county
commissioners were compelled to EN-
ploy another lawyer to perform duties
which should be performed by the
copunty attorney.
l do not believe that the News in
tends to make, publicly, so grave a
charge against the county attorney a'
this article contains. believe rather
that the News is not well advised in
the premises, both rs to fact and as
to law, and that the implied charge
against the county attorney was mad.
vertant. Mr.. Whatley was not EN-
ployed by the commissioners as stated
in the News. He was employed, and
properly so, by the county treasurer
Collecting taxes is the duty, solely. ot
the county treasurer. He may employ
deputies or attorneys if he deems ii
necessary.
Collecting taxes is no part of tn"
official duty of the commissioners, nor
of the county attorney. The county
treasurer, Just as other citizens, has a
right to make his own selection III EN-
ploying an attorney.
The legal duty Of the county attor'
ney is to advise the commissioners III
the discharge of their duties and un-
der certain circumstances to represent
the county in litigation. The duty Of
advising the other county officers is
placed by the statute on the district
attorney and is part of his official
duty.
The county attorney, in fact, does
| advise the other officers and does it
eheerfully and willingly, but it is a
matter of courtesy and not of official
duty.
Being attorney for the county does
not bar lawyer from acting for other
clients, nor is there anything .unpro,
fessionaI or improper in his doing So.
| He may be criticised as justly for
taking retainer from the Schumm
Light 4 Power Co. while he is county
attorney, as for accepting q retain Il
from the railroad company while he Is
such county attorney. On any Other
| huno4 ha.;a ls-uo. -o,,lA h. hsx.o5