No. 13531 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1977 

DELOY DENNING and LEW CADY, 

Petitioners, 

MISSOULA CITY AND COUNTY LOCAL 

GOVERNMENT STUDY COMMISSION et al., 

Respondents. 

Appeal from: District Court of the Fourth Judicial District, 

Honorable E. Gardner Brownlee, Judge presiding. 

Counsel of Record: 

For Petitioners: 

Robert L. Deschamps 111, County Attorney, Missoula, Montana 

Fred C. Root, Missoula, Montana 

Milodragovich, Dale & Dye, Missoula, Montana 

For Respondents: 

Garnaas, Hall, Riley and Pinsoneault, Missoula, Montana 

For Amicus Curiae: 

Mae Nan Ellingson, Missoula, Montana 

Submitted on briefs. 

Submitted: May 11, 1977 
Mr.Justice Gene B. Daly delivered the Opinion sf the Court. 

Appeal from judgment of the district court, Missoula County. 

On May 11, 1976, the Missoula City and County Local Government 

Study Commission contracted with the Kathleen Walford Senior 

Citizen's Center to conduct a voter attitude survey after the 

June 1, 1976 election and authorized an expenditure of $1,000 

for this purpose. The proposal submitted by the study commission 

was defeated in the June 1 election. On June 15, 1976, Deloy 

Denning and Lew Cady, respondents here, secured a writ of prohibition directing the study commission to desist from proceeding 

further with this survey which would result in the $1,000 expenditure. On June 28, 1976 a show cause hearing was held. On 

July 21, 1976, the district court entered judgment making the 

writ of prohibition permanent. From this judgment the study 

commission appeals. Respondents filed no brief and no oral 

argument was had, 

The only issue on appeal is whether the study commission 

had the authority to contract before the election to spend $1,000 

for a voter attitude survey to be taken after the election at 

which the proposed charter was defeated. Yet-, this was not a 

consideration when the contract was entered into. 

Respondents contend the $1,000 expenditure by the study 

commission is unlawful in that the purpose of the expenditure is 

not set out in section 16-5104, R.C.M. 1947, and the spending 

of such funds are not authorized by section 16-5105, R.C.M. 1947. 

Statutes governing local government study commissions were 

enacted by the Montana Legislature in 1974 by the passage of 

approximately 35 new sections to implement the creation of the 

study commissions. 
Respondents claim section 16-5105 granted the study commission the power to submit one proposal to the electors and 

when this proposal had been submitted the cornmission's job 

was over. This interpretation, however, is in direct conflict 

with section 16-5108, R.C.M. 1947, which specifically states: 

"All study commissions shall terminate June 30, 1977." 

'I* * * In the construction of a statute the 

intention of the legislature is to be pursued 

if possible; and when a general and particular 

provision are inconsistent, the latter is paramount to the former. So a particular intent will 

control a general one that is inconsistent with 

it. (Section 93-401-16, R.C.M. 1947) .I1 City of 

Billings v. Smith, 158 Mont. 197, 211, 490 P.2d 

221. 

Therefore, the study commission's powers did not end at the 

election on June 1, 1976, but terminated June 30, 1977. 

Section 16-5115.9 gives the study commission permissive 

power to prepare additional reports as a supplement to its 

report, which is the proposed alternate form of government. 

Under this section a study commission would have jurisdiction 

to conduct a survey to determine the reasons why the electorate 

defeated or approved a proposed alternate+form of government 

to establish the features of the existing foam of government 

with which the electorate is satisfied and those with which it 

is dissatisfied. Such a survey is, as one study commissioner 

put it, rather like an autopsy, it does not benefit the deceased, 

but may shed light on similar problems in the future. 

Section 16-5112(4), R.C.M. 1947, provides: 

''The study commission may contract and cooperate 

with other agencies, public or private, as it considers necessary for the rendition and affording of 

such services, facilities, studies and reports to the 

study commission as will best assist it to carry out 

the purposes for which the study commission was- established.* * *I1 (Emphasis added.) 
Section 16-5112(5) , provides : 

"The study commission may do any and all other things 

as are consistent with and reasonably required to 

perform its function under this act." 

The information gained from a voter attitude survey, 

whether before or after the approval or rejection of an 

alternative form of government would be consistent with the 

commission's authority granted by Ch.51, Title 16, R.C.M. 1947, 

if reasonable and not an abuse of discretion. Since the sole 

purpose of the 1972 Montana Constitutional provision on local 

government was to improve the delivery of local government 

services to the people, any reasonable attempt to ascertain 

voters' dissatisfaction with current or proposed governmental 

structure should be within the commission' s jurisdiction. 

In conformity with the foregoing interpretation, the 

judgment of the district court is reversed and the cause remanded 

with instructions to dismiss the writ of prohibition. 

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