The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1914-02-05
SALARIES
ARE UPHELD
ATTORNEY : GENERAL RULES
THAT STATES ATTORNEY or
HYDE COUNTY, MAY ALSO
BE PAID BY STATE. i

Pierre. S. D.4State Auditor Henry
h. Anderson hes received a strong
protest from Mr.. Seth Teesdale. a
hughes county taxpayer, who serious
y questions the right OF Harry
y Brlen, assistant encouragement,
10 draw W salaries at The some
time from the public-one from tho
state as assistant attorney general
and the other from hyde county as
states attorney thereof. Under
date of January Z. Mr.. Teesdalc fill
ed with Auditor Anderson the fol-
lowing written objection:
Teesdale's Protest.
Pierre. January I, 1915.
Hon. Henry B.. Anderson,
Auditor of State. State House:
Dear Sir=As a citizen OF the state
| wish TO know upon what authority
the salary of Mr.. Henry O'Brien, as
sistant attorney general, has beer
paid.
Mr.. O'Brien is and has been for
q period of more than three years
last past, the duly elected and quail
lied states attorney of Hyde county,
and as such officer cannot act but in
Il dual capacity when acting as as
sistant attorney general of the state.
Furthermore, the fecords show
that it has been found necessary
many times for the attorney aener-
ais office to hire outside legal as
%sistance, while the state is paying Mr..
O'Brien and he is acting in The ca
paclty OF an elective officer OF his
own county. Or, in other words, the
state is paying Mr.. O'Brien an AN
nual salary and allowing him to con
duct the office TO which he was daily
elected, thus forcing the state TO pay
thousands OF dollars for special as
slstance to co the work OF MIR.
OBrlen as such assistant to the at
torney general is hired TO perform.
rms is a pernicious practice, deserv-
ing the SeyereSt cenSure and is not
in conformity with public policy OF
good government, let alone repre-
senting progressive craftsmanship.
a citizen OF the state, | sug-
gest that o as auditor require the
attorney geenral to render a written
opinion on this question, you in the
meantime calling his attention TO
the fact of the expense cntailed in
employing this special legal assist
anae for the attorney generals office
while the assistant has the time 10
discharge the duties of an elective
off in his home county.
"Respectfully,
Seth Teesdale."
Referred 10y Mr.. Anderson
As state auditor Mr.. Anderson felt
ii incumbent upon him to refer the
question TO the attorney general for
an opinion, which he did on January
2G, pointing out the grounds upon
which Mr.. TSesdale had filed. his pro-
test. The attorney generals official
opinion follows:
tpilolds O'Brien's Right 10 Two
Salaries.
pierre, S. D.,January u, 191A.-
Hon. III. b Anderson, Pierre, S. D.,
Dear} Sir. have your favor of the
2,6tbe which is as follows:
Office against the issuing of any fur
Ealer SALARY warrants to Mr.. Harry
D'Brien, assistant. attorney general,
ron the grounds th&s his is the duly
elected, qualified aJdftcting states
attorney of Hyde co,nty.sand for that
reason cannot act in the dualAca-
pacity of assistant attorney general.
In view of This protest we request an
opinion from you covering the ques-
ton.
In reply to the question submit
ted, win state that it is a we'll estab-
lished rule OF law that the holding
OF one Office does not in itself dis
qualify tie incumbent from holding
another office at the same time, pro-
yided there is no inconsistency in the
functions OF the two Offices. 90 eye.
p. 1881. Officers are mol incompa-
tible unless there is a conflict of
interest, as whore the incumbent of
one has power 10 remove the ihcum-
bent of the other, or to audit his ac-
counts. or exercise as supervisory
control W. him. % eye. 1882, at
torney general report. 1903. p. PIE.
The duties OF the offices OF the as
siStant attorney general and states
attorney are not such as to make
these offices Incompatible. Neither
does Chapter BIT of the laws of 1913
haze any bearing upon the question
raised in your letter. The provisions
OF this chapter relate only to salaries
or per diem received from the state
treasurer or from funds of any state
institution or department thereof
in conclution ILL state that the fact
that Mr.. Q'Brien is drawing the sal
airy of states attorney of Hyde
county and acting as such does nou
in ally way interfere with his duties
as assistant attorney general. lie
has performed the services and he is
entitled to the compensation provid-
ID by statute.
Very truly yours.
Royal G. Johnson,
attorney General"
Mr.. TeesdaIe's Contention.
Mr.. Teesdale has hitherto been one
of the strong progressives of Pierre.
His position is maj while the state
is paying Mr.. O'Brien the sum of
S1S00.00 a year as assistant attor-