Show A LEGAL OPINION answering a query from john M H akiso esq county attorney of millard attorney general bishop today handed down the following opinion which says the law pr provides avides for the payment by the county om com of a substitute fr the 0 anty attorney when that official la Is unable to attena caser also aleo that bat all imir expenses must be paid by the county the opinion in full to as aa follows fol Jowe I 1 have before we me your favor of the inet in which you ask aek to be ad first whether under the law jaw it would be proper for the county commissioners to allow a claim of the county attorney to rel relm burse buna hain for the amounts expended expanded by him in traveling to the various precincts in his big county in the discharge of his official 1111 cial duties second should the county attorney all ail for good gi od OH use to attend and prosecute a came cage in the justices oes court and such justice appoints a prosecutor tor for the state who performs the lm im posed upon the county attorney and who presents a reasonable claim against the county la Is such euch claim a legal charge answering your first airet question I 1 beg to rotor refer you to subdivision 2 of section or of the county government bill found oo on page of the laws of 1896 ai foll follows the necessary expenses of the county attorney incurred in criminal cases canto arising in the county and all other expenses necessarily incurred by him lu lit the prosecution of criminal cases and also subdivision 2 ot of section of the he same not act found on page of the laws lawa of 1896 a 8 81 1 follows follow to 11 arbe county attorney must institute proceedings before the proper magistrate magia for the arrest of persons persona charged with or res reasonably sual suspected ot of any public offense when he has baa information that any such has baa bean committed and for that purpose must mast attend in person or by deputy upon the magistrates magistrate a in oases cases of arrest when ra quiren by them from the last section it will le be observed that tt it is made the duty of the county attorney to lo ivend at end in person or by deputy upon the magistrates in all criminal pro u tons luiis of persons charged with reasonably or suspected of a public offense so that there oan can be no doubt as to its being the duty of the she county attorney to prosecute such oases subdivision 2 of section above quoted expressly provides that bat the necessary expenses of the county at torney in such auses shall be paid by the county what are necessary ex penene or expenses necessarily incurred in bob such business would be a question to be determined by the county commissioners it if they should find bud that the items of the bills bill presented come within this designation it would be pr property proper to allow the bill and to order a warrant drawn upon the tb county treasurer for its payment As AB to your second proposition I 1 beg to r fer you section 10 of article 8 ol of the constitution which provides in all cases abea where the attorney for or any county or fur br the state falls or refuses to attend antei d and prosecute according to law the court shall have bower ower to ap appoint P blut an attorney pro tem temprie temp pote oie I 1 I 1 would also alao call your attention to section 10 of chapter of the laws of 1896 which pro provider provided videt the salaries herein provided lor for county officers offic cOrb erb shall be full compensation tot lor all services of every kin i and description ren rendered tiered by the loers named herein able bla includes udea county attorney pro vide that it if in the judgment of the board of county the duties of any offles office cannot be alsol hargea by the principal then the sad board ol of county commissioners may allow such officer a deputy or such number 0 deputies or assistants as aa in their judg ment meat maybe may be rt r quiren to dothe do the busi buat feea of such office MOO iu iq connection with the principal for such time as aa way may be necessary necee eary and at such salary ai 88 they may designate dea ignate the salary calary of any one 0 I 1 shall nut two lairds vt of the amount fixed for the salary ol 01 the principal tue salaries sal arlea of said deputies shall be a 0 u uty charge vs it clearly appeared la in this section to be the duty of the county commission r when it shall oe be fauni thattie hat abe buel busi nesB efte of the c flies of county attorney oat oal not dot be dispatched by the principal alone to furnick him with the needed deeded assistance it if the county attorney should find that for good cause he be would be unable to attend and prosecute pro stoute when required it would be his bis duty to notley the coulty commies missioner loners iii to that effect la in watch case they would be empowered to appoint an attorney ro tempore but in order that the course louree of jua ties may tat 9 be interrupted I 1 am of apirion opi op clou irion that paragraph 10 of article 8 of the above quieu qu tea would be sufficiently broad to author izu so the court to B an attorney pro tempore which should be done by its order and the same entered of roc rec ord in atty case where for any reason the county atti aney when required by the court should fall ail or refuse to appear and prosecute and under these them circumstances I 1 am of that the county would be liable for a reasonable compensation lor for abe services of the at turney so |