REPORT OF THE Attorney General of Pennsylvania. OFFICE OF THE ATTORNEY GENERAL, HARRISBURG, PA., January 1, 1905. To the Senate and House of Representatives of the Commonwealth of Pennsylvania: I have the honor to submit, in obedience to law and custom, my official report of the business transacted by the Attorney General during the two years ending on the 31st day of December, 1904. Upon assuming the duties of my office on the 21st day of January, 1903, immediately after my appointment by the Governor and confirmation by the Senate, I found the work of the office had been so efficiently conducted and closed up by my able and energetic predecessor and his capable and attentive Deputy Attorney General that nothing remained undisposed of except strictly current business. Hon. Frederic W. Fleitz was re-appointed and commissioned as Deputy Attorney General-a position he had earned by merit-and he has continued to discharge his varied and onerous duties with a zeal, fidelity and ability which have greatly lightened my labors. also retained the trained and experienced staff, whose familiarity with their respective duties has expedited the transaction of business, and whose work has met with my approval. Under the act of 25th of March, 1903 (P. L. 62) the Department was reorganized, and now consists, in addition to the Attorney General and Deputy Attorney General, whose duties and salaries remain as now provided by law, of one Chief Clerk, learned in the law; one Law Clerk, learned in the law, both of whom receive salaries of twenty-two hundred dollars per annum; one Private Secretary, required to be a skilled stenographer, at a salary of sixteen hundred dollars per annum; a stenographer, at a salary of nine hun(1) NOV 23 1905 199105 693 dred dollars per annum, and a messenger, at a salary of six hundred dollars per annum. The work of the Department is exceedingly varied, requiring a knowledge of the principles and practice governing all other departments of the Government, and special knowledge in particular fields. The volume of work is growing rapidly, owing to the estab lishment of new departments, such as the Highway Department and the Mining Department, the growth of the bridge business, and the expansion of the work of all other departments, as well as a noticeable increase in the number of State Commissions and Boards, all of which are constantly requesting official opinions as to their duties and powers. Besides this, a custom has grown up throughout the State of propounding questions to the Attorney General by city and township officers and by individuals upon almost every subject matter. The law does not require the Attorney General to answer these inquiries, as he is not a general attorney, but solely the adviser of heads of departments and State officers. Nevertheless, the communications must be answered in some shape to escape the imputation of discourtesy or neglect, and it has imposed an enor mous burden upon the office. For these reasons, in my judgment, the salaries paid in my Department are inadequate. I recommend that the salary of the Deputy Attorney General be made five thousand dollars per annum, instead of four thousand dollars, as at present; that the salaries of the Chief Law Clerk and Law Clerk, both of whom are required to be lawyers and who cannot attend to private practice, be made twenty-four hundred dollars; and that the salary of the Private Secretary, whose labors steadily increase, be made eighteen hundred dollars per annum. These increases, if made, as in my judg ment they should be made in justice to the incumbents, should take effect after the expiration of existing terms-say on the 21st of January, 1907. I am also of opinion that the Attorney General should be paid a salary commensurate with the dignity, responsibility and exacting character of the position-a position which places the incumbent at the head of the Bar of the Commonwealth as its ranking officer. At present the Attorney General is paid a salary of three thousand five hundred dollars per annum, and is also paid five hundred dollars per annum as a member of the Pardon Board. He receives nothing as a member of the Board of Property, the Medical Council, the Board of Public Accounts, the College and University Council and other boards. He is permitted to retain for his own use out of the fees collected by his office the sum of seven thousand dollars per annum and is required to pay over the excess thereof into the State Treasury for the use of the Commonwealth. The system is vicious, mongrel and uncertain. The highest law officer of the State ought not to receive the larger part of his compensation from the contingencies of litigation—the most numerous and substantial parties defendant being the corporations of the State. He should be paid a certain salary out of the State Treasury, and be required to pay over all fees into the Treasury for the use of the Commonwealth. The salary should be at least twelve thousand dollars per annum; it would not be excessive if it were fixed at fifteen thousand dollars per annum in view of the character and importance of the labor required, the exact features of which will appear in the subsequent pages of this report. This change should not go into effect until the 21st of January, 1907. The duties of the office may be classified as follows: I. Advisory. II. Quasi-Judicial. III. Forensic. IV. As a Member of Various Boards. V. Miscellaneous. I. ADVISORY DUTIES. The Attorney General is the legal adviser of the Governor, the Heads of Departments, and of the various State Boards, heads of State institutions, and all State officials, and, when requested, he furnishes orally or in writing, formal opinions on questions arising in the administration of the State Government. This constitutes a very heavy portion of his labors, and its weight is increasing rapidly. It has more than quadrupled within the past two years. The following table shows the number of opinions requested, and to whom they were rendered in writing: OPINIONS RENDERED BY THE ATTORNEY GENERAL FROM JANUARY 12, 1903, TO JANUARY 1, 1905. Hon. Samuel W. Pennypacker, Governor, Secretary of the Commonwealth, Auditor General, State Treasurer, Secretary of Internal Affairs, Superintendent of Public Instruction, Insurance Commissioner, Commissioner of Banking, Secretary of Agriculture, Commissioner of Forestry, Factory Inspector, 26 8 17 3 4 4 7 20 4 4 3 |