STATE REGUIvATION OF CUTTINGS 717 



I have refrained from submitting the form of the proposed Act. I 

 do that on this ground. I do not consider it, in any way, the function 

 of this office to formulate the poHcy which will govern another depart- 

 ment in the absence of a statute specifically placing such duty upon the 

 Attorney-General. Your inquiry goes to the legal question of power, 

 not to the present necessity of such legislation, which is a question of 

 policy for the Legislature. "The scope of judicial inquiry in deciding 

 the question of pozver is not to be confused with the scope of legis- 

 lative considerations in dealing with the matter of policy" (People ex 

 rel Durham v. La Fetra, supra). Nor should you overlook the fact 

 that this opinion, given in answer to your very general inquiry, is of 

 necessity academic in character and should not be construed as 

 approving or disapproving any specific act. I can pass on such pro- 

 posed law only when its form and substance are submitted to me. 



