[Substitute for House Bill No. 344]

An Act providing for an Attorney-General

Be it enacted by the Senate and House of Representatives in General Assembly convened:

SECTION 1. There shall be an attorney-general chosen by ballot in the same manner as other state officers on the Tuesday after the first Monday of November, 1898, and quadrennially thereafter, to hold his office for a term of four years from and after the Wednesday following the first Monday of the next succeeding January, and until his successor is duly chosen and qualified. If a vacancy shall occur in this office the governor shall appoint an attorney-general to fill such vacancy for the balance of the unexpired term.

SECTION 2. The attorney-general shall have general supervision over all legal matters in which the state is an interested party, except those legal matters over which the state's attorneys have direction. He shall advise and assist the state's attorneys if they so request. He shall appear for the state, the governor, the lieutenant-governor, the secretary, the treasurer, and the comptroller, and for all heads of departments and state boards, commissioners, agents, inspectors, librarian, committees, auditors, chemists, directors, harbor masters, and institutions, in all suits and other civil proceedings, excepting upon criminal recognizances and bail bonds, in which the state is a party or is interested, or in which the official acts and doings of said officers are called in question in any court of other tribunal, as the duties of his office shall require; and all such suits shall be conducted by him or under his direction. When any measure affecting the state treasury shall be pending before any committee of the general assembly, such committee shall give him reasonable notice of the pendency of such measure, and he shall appear and take such action as he may deem to be for the best interests of the state, and he shall represent the public interest in the protection of any gifts, legacies, or devises, inteded for public or charitable purposes. All legal services required by such officers and boards in matters relating to their official duties shall be performed by the attorney-general or under his direction. All writs, summonses, or other processes served upon such officers shall, forthwith, be transmitted by them to the attorney-general. All suits or other proceedings by them shall be brought by the attorney-general or under his direction. He shall, when required by either branch of the general assembly, give his opinion upon questions of law submitted to him by either of said branches.

SECTION 3. The attorney-general shall be an elector of this state, and an attorney-at-law of at least ten years' active practice at the bar of this state.

SECTION 4. The attorney-general shall receive four thousand dollars per annum, and all reasonable expenses incurred in the couse of the transaction of the duties of his office not exceeding one thousand dollars, he having authority to secure such assistance as the duties of the office may require.

SECTION 5. There shall be prepared by him and submitted to the general assembly, or governor, an annual report of the doings of his office; and he shall account to the treasurer of the state for all fees, bills of costs, and moneys received and expended by him by virtue of his office.

SECTION 6. Said attorney-general shall be duly sworn, and shall give to the state a good and sufficient bond in the sum of five thousand dollars for the faithful performance of the duties of his office, said bond to be satisfactory to the governor, and filed with the treasurer.

SECTION 7. The comptroller shall furnish the attorney-general with a suitable office at the capitol, with necessary equipment for the same.

SECTION 8. All acts and parts of acts inconsistent herewith are hereby repealed.

Approved, May 25, 1897.