The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1879-10-28
IMPORTANT DECISIOF DECLARING A
MONTANA LAW VOID.

At the last session of the Montana Legisla-
ture it authorized the Governor to appoint
United States Deputy Mineral Surveyors, No
taries Public in certain matters. The Acting
Commissioner of the General Land Office has
made a decision relative to the matter which
suggests that Dur Solons were getting beyond
their depths. The extract below gives the
closing part of the decision:
cit should be observed that the Territory
of Montana in. its organized character exists
only by virtue of a law of the United States.
The powers of that Territory are not only
granted but limited by that law, and the pow
er of Congress to establish limitations is CO.
extensive with its power to grant.
alt is not likely that the constitutional
authority OF Congress to make the whole of
said laws now in question, will be questioned;
and if the Constitutional authority be can
celed, it is pertinent to remember that by Act
vi of the Const tuition, it is declared that
such laws shall be the supreme law of the
land
The act before quoted, organizing the
Territory of Montana, as to matters within its
provisions, is the supreme law of the land and
must be obeyed.
"The act of the Legislature of Montana is
in plain violation of said law of the United
States, said Territorial Legislature is not only
in excess of the power granted, but in direct
contempt of an express prohibition.
"lt is not now my purpose to comment or
even indicate an opinion upon the question,
whether it would be desirable or not that due
authority be had for the appointment of Uni
ted States Deputy Mineral Surveyor or No
tary Public; am only concerned with the
laws as they exist. But should SAID appoint
ments be desirable their authority can only be
derived from Congress.
i" You will refuse to receive any papers GER
titled, sworn to or subscribed before a Notary
Public who is United States Deputy Surveyor
Mineral or others.
"Promptly notify your deputies hereof and
order them that the patent commissioner or
Notaries Public under said Territorial act of
July 10Th, 1879, their appointants or Deputy
Surveyors will be. revoked. If any have al
ready been appointed under said act they
must surrender their appointments Or retire
on the salne condition.
j. M. Armstrong,
Acting Commissioner"
The essential point is contained in the fol-
lowing extract from the Organic Act:
"SECTION VIII of an Act of Congress en-
titled 'An Act to provide a temporary govern
ment for the Territory Of Montana approved
May Goth, 1864, provides: And no person
holding a commission or appointment under
the United States except postmasters shall be
a member of the Legislative Assembly or shall
hold any office under the government of said
Territory"
From this it will be seen that no officer
appointed under the United States can hold
any office created by the Legislature, the
object evidently being to prevent uHdue fed
eral interference In Territorial affairs, as is
sometimes the case. As a consequence all
acts done by a federal official would he lille
gal and void. The Office would be vacant, to
be filled by the proper authority. Here is
another argument for sending the most intel
ligent mel to the Legislature.