to testify concerning the possibility of satisfying an execution against the defendant for the costs in the case. Trusting that the above fully answers your inquiry, I am Dear Sir-In reply to your letter of the 5th inst., in regard to the appointment of a deputy district atorney in counties having a population of less than 25,000 people, I beg to say that, in my opinion, 1 M. A. S., 1553, gives each district attorney the power to appoint-that is, select a deputy in each county of his district, subject, however, to the decision of the county commissioners as to whether a deputy is necessary or desired in such county. The choice of a person to fill an office constitutes the essence of an appointment, and the selection must be the discretionary act of the official clothed with the power of making the appoint ment. 19 Am. and Eng. Enc. Law, 423. It will be noticed that the title of this act is, "An Act to Authorize the District Attorneys in This State to Appoint One or More Deputies," and the enacting clause is to the same effect; and the appointment becomes operative, subject only to two conditions: First, that the county commissioners of counties with less than 25,000 people shall decide whether or not a deputy is necessary or desired; and, second, that the deputy shall file a bond and take the oath of office. No logical reason is apparent why the Legislature intended county commissioners in counties of less than 25,000 inhabitants should assist in selecting the deputy, when such power is not given to them in counties of over 25,000 inhabitants. On the other hand, the same reason appears for allowing county commissioners in counties of less than 25,000 inhabitants to say whether or not a deputy district attorney is required in such counties, as for the Legislature to say that not more than one deputy shall be appointed therein, instead of one or more in counties of over 25,000. In regard to the appointment, in counties of 100,000 inhab itants and under, of a deputy district attorney in County Courts in juvenile cases, section 4, page 180, of the Session Laws of 1903, vests in the district attorney alone the power to make this appointment, subject, however, to the provisions of chapter 101 of the same Session Laws, as to the amount of his salary. As to the question of having two deputies-one under the juvenile law and the other under section 1553, supra-the latter is subject, as before stated, to the action of the county commissioners as to whether or not one is required, and the former appointment rests exclusively with the district attorney, subject, however, to chapter 101 of the Session Laws of 1903, as to the amount of salary. As to the question of the proper manner of showing the consent of the board of county commissioners to the appointment of a deputy district attorney in counties containing less than 25,000 inhabitants, the better rule seems to be that the consent should be shown by a resolution duly passed and entered at length upon the records of the board. After the resolution has been spread upon the records, the district attorney may select and appoint a deputy, or remove the one and appoint another whenever he desires, without consulting the board, so long as the resolution consenting to the appointment remains in force. It must be borne in mind that, as the board of county com missioners has the power of determining when such an office shall exist in that particular county, it has also the right to determine when such an office is no longer necessary, and, though the term of the incumbent has not yet expired, may revoke the former resolution and abolish the office. 23 Am. and Eng. Enc. Law (2d Ed.), 403-5. In re Senate Bill, 12 Colo., 339. Ford vs. Board, etc., 81 Cal., 19. Respectfully submitted, N. C. MILLER, Attorney General. By I. B. MELVILLE, Assistant Attorney General. EIGHT-HOUR LAW. Is a driver in a coal mine protected under the eight-hour law? June 23, 1905. MR. OLIVER AMOS, Rockvale, Colo. Dear Sir-In reply to your request for an opinion as to whether a driver in a coal mine is covered by the eight-hour law recently enacted, I desire to say: The answer to your question requires a definition of the word "miner," and my judgment is that the court will give to it the meaning in harmony with the use of the word by those engaged in coal mining. Do miners generally understand that a driver is a miner? And is he so considered by the coal miners? The law was enacted for the benefit of miners, and the terms of the act will be construed according to the common use made of them in the business and occupation of mining. I am unable to throw any further light upon the question. The statute requiring certificates of nomination to be filed by the chairman and secretary of convention within five days is to secure prompt action on their part. filing. Upon failure to so file, the proper persons in interest may compel September 20, 1906. MR. J. N. PETTINGILL, County Clerk Grand County, Sulphur Springs, Colo. Dear Sir I have your letter of September 17th, asking me for the construction of section 1625, Mill's Ann. Stat., Revised Supplement, concerning the filing of certificates of nominations of county officers. The statement is made that the chairman and secretary of the Republican convention of your county failed to file their certifi cate within five days after the nominations were made, and you wish to be advised if the same is now tendered you for filing. I quote from this section, as follows: "All certificates of nominations made by conventions shall be filed in the proper offices not later than five days after the date of such nominations.” I am inclined to think that the purpose of this act was to require the duty to be performed by the chairman and secretary without delay, and is not designed as a penalty to be inflicted on the nominees for the failure of the chairman and secretary. I do not think it was the intention to invest the chairman and secre tary with the power to cause a forfeiture of the nominations by a failure on their part. I believe the proper construction of this act would be to hold that if the chairman and secretary did not file the certificate of nomination within five days, a proper proceeding can be brought to compel them to do so. In other words, they must do so not later than five days. I can see no purpose to be served by this provision, except to require promptness of action by the chairman and secretary. However, I have already advised the chairman and secretary to convene the convention and make the nominations as original ones, and file the certificate within five days, along with the resolution of the convention authorizing the chairman to reconvene it. The correctness of the minutes of the proceedings of the convention are not within the control of the courts, and if such cer tificate is tendered to you, it is my opinion that it should be filed. The requirement to file within five days is for the protection of the People and the candidates, and was not designed to forfeit the rights of either in case the chairman and secretary should be negligent. But the other course is open to this convention— that is, to renominate as original candidates, and, therefore, the question at present may be avoided. Yours truly, N. C. MILLER, Attorney General. EQUALIZATION-POWER TO RAISE ASSESSMENTS. A County Board of Equalization has power to adjust and equalize the valuation of the property set forth in the assessment roll for such county, but has no power to raise assessments made by the assessor, without regard to adjustment or equalization, because said board considers said assessment too low. September 12, 1905. MR. JOHN T. ROSS, County Commissioner, Fort Morgan, Colo. Dear Sir-In answer to your verbal request made yesterday for an opinion as to whether your county board of equalization has the power to raise some assessments which, in the judgment of the board, the assessor has made too low, without making a corresponding decrease in others, I beg to say that the statute defining the powers and duties of the county board of equalization may be found in sections 92 and 213 of "An Act in Relation to Public Revenue," approved March 22, 1902. Section 213 of said act provides that the county commissioners of each county shall constitute a board of equalization for the adjustment and equalization of the assessment among the several taxpayers of their respective counties. It is made the duty of the board to notify the assessors to supply any omissions in the assessment roll which may come to their notice, and in case any material changes are made or directed by said board in the assessment of any person or persons, the county clerk shall notify such person or persons by mail of such change, and it is provided that the board shall, at its second meeting, sit to hear complaints only from those dissatisfied with said changes, and to adjust the assessment so as to equalize the same among the several taxpayers of the county. See Session Laws 1902, section 213, page 149. Section 92 of said act provides: "The power of said board shall be to adjust and equalize the valuation of the property set forth in the assessment roll, and it shall exercise no other power and shall have no other authority in the premises." It is also provided in said section that the board shall have no power whatever to make any increase or decrease in the total amount of the valuation of the property of the county as set forth in the assessment roll, except as an incident to equalization. However, where it appears in one or more instances that |