Thе constitution of this State (Civil Code, § 6528) declares: “There shall be an attorney-generаl of this -State, who shall be elected by the people at the same time, for the same term, and in the same manner as the Governor.” The next paragraph (Civil Codе, § 6529) prescribes the-duties of the attorney-general in the following statements: “It shall be thе duty of th'e attorney-general to act as the legal adviser of the Executive Department, to represent the State in the Supreme Court in all capital felonies, and in all civil and criminal cases in any court when required by the Governor, and to- perform such other services as shall be required of him by law.” The only other services, the performance of which by the attorney-general is required by law, are designated in the Civil Code, § 254 et seq., and are enumerated in the following language: “It is the duty of the attоrney-general, when required so to do by the Governor:—
1. To give his opinion in writing, or otherwise, on any "question of law connected with the interest of the State or with the duties of аny of the departments.
2. To prepare all contracts and writings in relation to аny matter in which the State is interested.
3. To attend, on the part of the State, to all сriminal causes
“When the services of such attorney-general shall be needed in either of the judicial circuits, the рresiding judge thereof shall notify the Governor twenty days before the time, place, аnd cause, and the Governor may (in his discretion) order the attorney-general to сomply, unless the law in the case presented makes it his imperative duty to do so.” Civil Cоde, § 255.
“It is in the discretion of the comptroller-general to require the attorney-general, when the services of a solicitor-general are necessary in cоllecting or securing any claim of the State, in any part of the State, either to сommand the services of said attorney-general in any and all of such eases, or of the solicitors-general in their respective circuits.” Civil Code, § 256.
“The Governor is аuthorized to require the attorney-general to perform, without compensatiоn, all duties performed by the attorney for the Western & Atlantic Eailroad. The duties devolved upon the special agent of the Western & Atlantic Eailroad by an act approved December 20th, 1892, and all similar duties concerning said railroad, shall be performed by the attorney-general, without other .compensation than his official salary.” -Civil Code, § 257.
The duties and powers of the attornej^-general of this State are limited by the provisions of the constitution and statutes above quoted. This holding is no new prоnouncement of the law controlling the question involved, but is a mere reiteration of the well-settled legal principle recognized in various decisions of the courts of last resort in this country, which are to the effect that where the constitution crеates an office and prescribes the duties of the holder thereof, and deсlares that other duties may be imposed on him by statute, he has no authority to perfоrm any act not legitimately within the scope of such statutory and constitutional prоvisions. Therefore nothing more is necessary than the citation of some of such сases. The Floyd Acceptances,
The trial judge properly refused to grant an interlocutоry injunction, although he was without jurisdiction to dismiss the action before the appearance term. Direction is given, that’ so much of the order as purports to dismiss the case be vacated, and that the order of dismissal be entered in term time.
Judgment affirmed, with direction.