The Bozeman weekly chronicle. (Bozeman, Mont.) 1883-1889, 1883-09-26
rsISfIsa Law.

lsaas n. NcCAcheoa hs furnished
NJ. HNns A,sM lssA opisioA upon
,tAsvdlidil1 Of ~ printing actpAessd by
TIA Ninth Ieeialetiye Assembly January
1lst, 1875 and holds that the act expired
By II own limitation. While ~ have
no contsscs uader the printing Law and
ghilsH would meke hat little difference
- - yhSthss III lat rsmsips IN force
appa thqet4ut hook sF beeopes eAead
lettis, ve-8s ltkeusk ~ . lssysr)
soastssissd 70 believe ths opiaioa h be
strsised end Aar-letehsd. The term Of
NO ysan spphes - the limitations Of
soatsacs undsr n and not 10 b. hnita-
ton Of Ne lsv ITSELF The seRn Gimme
diately sfssr he passage Of this chapter"
ssfsn 10 the suskosig 10 sont,act but not
the limitation Of ShAt authority. Mr..
NcCutcheos he's undertaken 10 ~ "that
Il 10 plainly discove,abls that IL was in
!, tesied 70 operats but IVA ysan from the
slatDSf Tho oontraels nads -:immedistsly
Safse,ahs pasnss"afl Ne. IN. NJ. Nc
CutcheoA II IresumiAs great. deal on
the intention Of the Legislature, when in
the revised statutes Of 1879, the law is
incorporated under the title Of the IRE
vised Statutes Of Montana" enacted at
the regular eessioA Of the Twelfth Lesis-
lative Assembly Of Montana, embracing
Me laws Of . general and permanent
nature, in force 1t the expiration of the
Eleventh regular session Of the Legisla-
tive Assembly, On the 2lst day Of Feb
YQAsy, A.; d., le7ss 4hrss vsau aites the
p6ssalD of tho ast and one year after, q
NJ. MsCdtcheoa decides, II had expired
BY IL own limitation, and also nom the
hct that he . Secretary has complied
With the provisions Of the Same law, only
last year, When in his opinion there was
no such law On the statute book. It is
held ~ rule Of law and not controvert-
Cd; that where the terms Of an act are
ambiguous and uncertain that the inten-
a1uh Of the Legislature must be discov-
sred In view Of the;iAct Of its reincor-
poraA1nn in the1vvised statutes and the
compliance witkftsAsrns by successive
Governors, Presidents Of the Council and
Epeakers,o Of the House and Of Mr.. Nc
Cutcheon q Secretary himself, Il Is plainly
discouerable that the intention Of the Legis-
latare was, that it should remain perm
anent law, until its repeal. In fact all
The reasoning goes 10 show the intention
Of the Legislature the very reverse Of
that entertained by Mr.. McCutcheon. In
looking It the law providing for the cleo
ton Of the county and district officers it
says that there shall be elected
d the next general election
md evny two years thereafter .
district Attorney for each Of the organ
lied Judicial Districts, etc, but in the
case Of Probate Judee; County Clerk and
Sheriff, the law says they shall beelected
for the term Of two years, but leaves out
the words, EVERY two years thereafter"
Would Mr.. McCutcheon hold that those
Offices expired by Imitation While as
we raid before, We have no interest in
The maintainence Of the law, We do say.
that il the intention of the Legislature is
necessary TO give II validity, We are
clearly Of the opinion in the light Of its
subsequent incorporation among thepe,
ameH laws and its commands being
obeyed by the officers whose duty II is,
70 take cognizance Of it in the years fol-
lowing IT. adoption, that the intention Of
tho Legislature = plainly discovsrAhle,s
ths& Il should remain Z Law Of n binding
Sbsoe, = any other upon the statute
book. lift IL not, let % hnd II ont and
elimiAI y II from om statutes and let the
printing 30 where competition or favor
itism msy bring H. One significant fact
in this opinion Il. that NJ. McCutcheon
dos Aot discloss The faet tat he d the
ssssany ID t4lts6oss hi spnioh only
;ssessUl As*bs opinion lfshvyeyand
~ = - omces.
- tempofAfy round houss u TN
G1qlb y 11inR Gallt = 1[iwoulA,