Page:Journal of the Sixth Legislative Council of the Territory of Michigan.djvu/168

156 An act to organize certain townships.

An act to change the name of the Pontiac Academy.

An act to amend the act entitled "An act relative to the duties and privileges of townships."

An act concerning the Bank of River Raisin.

An act to incorporate the Kalamazoo Mutual Insurance Company.

An act to incorporate the Village of St. Joseph.

G. B. PORTER.

March 7, 1834.

I have given to the bill entitled "an act amendatory to an act entitled "an act to provide for the assessment and collection of territorial taxes," that consideration which its importance demands. So far as it contemplates the imposition of additional checks over the officers entrusted with the collection and preservation of the territorial revenues, it meets my full approbation. It appears, however, to make provision for a large amount of duty by the attorney general, without any corresponding recompense. A part of this duty, too, savors more of espionage than of strict professional obligation.

To particularize—By the 1st section, the attorney general is required to give the auditor opinions in writing upon questions of law; the latter officer may, however, if such opinions should not harmonize with his own, disregard them entirely, and "determine" in the premises!!

By section 5, the attorney general is required "to report all credits allowed by due course of law on any suits under his direction and by section 7, he is required to "obtain from the several district attorneys" certain information. It seems to me, that the specific duties herein enjoined ought to be given to the district attorneys of the respective counties, and that they ought to make the necessary "reports."

The 6th section provides that the attorney general may, with the approbation of the auditor, establish "rules and regulations for the observance of sheriffs," &c.; if this provision contemplates the establishing of rules, &c., for which the law officer of the government is deemed the appropriate organ, I see no reason for granting to the auditor or any other officer the supervisory power of "approbation."

The 8th section appears to provide for a large field of professional labor by the attorney general, which is already provided for, insufficiently, I think, by the 3d section of the "act concerning the attorney general and district attorneys."

The 3d and 4th sections are liable to a similar exception; the