Show GROPING FOR POWER C CASUAL J ASUAL observation of or the opinions ions furnished city and county governments b by their official legal advisers advisers ad ad- visors manifests how far ar this practice has haz wandered from Its original begin begin- begina ning Tho attempt at self promotion on the p part rt of ot city and county attorneys attorneys altor- altor ner from mere counselors to dictators dictators dicta dicta- tors tars has been proceeding for many years I Among the duties of ot the legal department de de- of a a. city or count county government government govern govern- ment Is to advise the dominant legislative legis lathe and executive departments usually usually all ally combined but with dual powers power ot of r their legal lesal rights Tho The law department de de- dc- dc pai has to do with the legality ota ot ofa a proposed action and nothing whatever to do with its ethical moral or economic c advisability Should th the executive and legislative or dominant branches of ot government decide to Ignore ig ignore Ig- Ig nore oven the legal advice of oC its of official of- of attorney the tho latter Is Js without recourse except through the courts in tho the regular way Notwithstanding that truth truths formal opinions from city and count county law departments departments de de- de- de have developed into lectures lectures lec lec- lec- lec tures to the governing bodies about their duties Comment Commo t upon the law has 1135 Become a mere Incident to these bits of ot supposedly legal advice The alleged dereliction of or past administratIons administrations administrations and the supposed duties of ot the present government have become tho the burden of ot these communications rather than a dispassionate rehearsal of ot the law Jaw with advice predicated upon It asto as asto to the tho legal phases ot bf what may may b bunder bo be bounder under discussion These opinions have grown to to be dissertations upon what the attorneys think government ought to do ethically and morally Instead in instead In- In stead of ot merely what it may legally do The opinion rendered by the county count attorneys attorney's office to the county commission commission com corn mission relative to po possible attempts at control of ot tho the Mountain States Telephone Telegraph company in Salt Lake count county Is a case provokingly in point It is written b by a subordinate subordinate subordinate nate In the law Jaw department doubtless capable but with a n. weakness for tor expressing cx- cx pressing opinions upon matters that are arc exclusively the business of ot the commission and none non of ot his or his superiors rs Not content with advising the commission as to the law and gl Ing his views of ot what that body may map lawfully do he elaborates with criticism criticism cism elsa of or former administrations tor for what they did not do Salt Lake count county's s government has been entrusted b by the people to a board of three county count commissioners These three men are charged with the thc duty of ot governing the county and the S taxpayers have confidence In their majority ma ma- Judgment It may map sate safely be left leCt to them to determine whether a commission commissIon commission com com- mission shall be erected to control contra I the tho telephone and other utilities an and I the public hopes the commission I is S being better ls advised d as to what 11 It t may do than asto to what It ought to do Members of or the county attorneys attorney I staff may not be bo of or It but th tho conversion of ot their formal opinions Into SJ special e lal pleadings is likely to to todis dis dis disturb disturb dis- dis public confidence In tho the context Unbiased 1 legal I advice is valuable to tho the commissioners and to the tax tax- taxpayers payers the tho real government but suspicion suspicion sus sue that It is not unbiased Is easily created If It the adviser demonstrates he lid IH Is overly eager r to have the county do what ho says sats It may may do The people need no special advocate before the present board of t county commissioners The Tho majority of ot that board may be bo depended upon to do It ft its duty In the public P Interest and the habit of ot the county attorneys attorney's office In furnishing academic exegeses on po po- po- po economy under the guise of ot legal is Js wearisome unasked and I I borders closely upon gratuitous Im hn- i pertinence I |