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Bob Ferguson

AGO 1951 No. 15 -
Attorney General Smith Troy

COUNTY LAW LIBRARIES.

A Class "A" county having a population of less than three hundred thousand should maintain a law library.

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                                                                   April 13, 1951

Honorable Hugh H. Evans
Prosecuting Attorney
Spokane County
Spokane 11, Washington                                                                                            Cite as:  AGO 51-53 No. 15

Dear Sir:

            For the sake of brevity we summarize your inquiry of April 9, 1951, as follows:

            May a Class "A" county having a population of less than three hundred thousand maintain a law library?

            We conclude that:

            A Class "A" county having a population of less than three hundred thousand should maintain a law library.

                                                                     ANALYSIS

            Section 1, chapter 84, p. 196, Laws of 1919 (Rem. Rev. Stat. 8247), provides:

            "In each county having a population of three hundred thousand or more there shall be a county law library * * *"

            Section 1, chapter 195, p. 593, Laws of 1943 (8254-1 Rem. Supp. 1943), reads as follows:

            "In each county of the first, second, third, fourth, fifth, and sixth classes there shall be a County Law Library * * *"

             [[Orig. Op. Page 2]]

            We have been unable to locate any statute whereby the legislature has directly ordered or empowered Class "A" counties having a population of less than three hundred thousand to maintain law libraries.  We note, however, that by section 1, chapter 133, p. 489, Laws of 1921 (RCW 36.07.08 [[RCW 36.13.080]], Rem. Rev. Stat. 4204), all laws "relative to the powers and duties of first class counties * * * shall apply with equal force to class "A" counties * * *."  We are, therefore, of the opinion that a Class "A" county having a population of less than three hundred thousand should maintain a law library.

Very truly yours,

SMITH TROY
Attorney General

ROBERT A. COMFORT
Assistant Attorney General