The Sully County watchman. (Clifton, Dakota [S.D.]) 1883-1894, 1884-01-12

sisting of the remaining members of the
County Board the Judge of Probate and
| the County Clerk, but had never legally
qualified on that appointment, he could
not recognize him as member of the
Board much less as its Chairman. Mr.
Young then stood up and said he claimed
to be Chairman of the Board of County
Commissioners for Sully county. and by
virtue of his Commission from the Govern.
or, he called the Board to order. and de,
manded the records. The Clerk refused
to recognize him and refused to deliver
the records to him, and Mr. Young sat
down leaving the further advocacy of his
claim to his counsel whom he had brought
with him.
Mr.. Millett refusing to act as member
Of the Board without Mr.. Young being on
the same and its Chairman. no quorum
was present, and the time having expired
for the meeting of the Board in session,
the meeting went by default The follow
ing statement of facts was given by the
Clerk, as the reason why he could not
recognize Mr.. Young as "A member of the
Board:
lst Mr.. Young's resignation of July
2sth, 1888. which went into effect on that
day, according to the statutes. having been
fled with the County Clerk on July 27th,
1888.
2d. Mr.. Ioung's re-appointment on
Aug. 18th, 1883, on which re-appointment
Mr.. Young did not attempt to qualify un-
til Oct. 4th, 1889, nearly two months after
his re appointment. when the law requires
a qualification forthwith The attempt to
qualify being in the form of a Commits
sioner's oath, taken by and subscribed be-
fore the County Clerk of Custer county,
Territory Of Montana. This oath was
written on a piece of blank paper, and not
on the back Of. or attached to his notice of
appointment Us the law distinctly requires.
Mr.. Young was not pressed for his failure
to Immediately qualify, but was informed
that his qualification was not valid. was
Informed of the requirement of the law.
and requested to comply with the same
He made no further attempt to qualify
until Oct 30th, 1883. when he took the
Commissioner oath before Notary Pub
lie in Cook Co, Illinois. and sent the same
to the County Clerk of Sully county. Da-
kota. without the certificate of the official
character of the Notary Public of Cook
Co. Illinois, by the County Clerk of that
county. as required by law, thus rendering
this qualification invalid. In view of these
facts; that Mr., Young had never legally
qualified; that he had not been present at
any meeting of the County Commissioners
from July eth, 1888, until he made his APP
pearancc at this meeting of January 1th,
1884. although notified of two coming
meetings, at the time of his notice of re-
and in that notice Of APP
pointmcnt, Mr.. Ioung's claim To be II
County Commissioner, and moreover its
Chairman by virtue of his original Com
mission from the Governor of the Terri
tory, which Commission he had resigned
in conformity with the law. was not re-
cognized in by the County Clerk, aud the
Clerk refused To act as Clerk Of a County
Board called 10 order by him as its Chair
man. and refused to deliver the Commits
Records To- him in such capacity
On the question at issue the Clerk was
guided by the Statutes of the Territory of
Dakota. and by advice from the Attorney
General of the Territory. asked for and
received by him for his guidance.
Prior to Mr., Youngs last attempt to
qualify. (Oct. 30. 1889 the county was di-
vided into three Commissioner Districts.
as authorized by the Statutes, at a meeting
of the County Board on Oct Goth. 1888
The law would seem to require that. after
such division. a new Commissioner chosen
should be from the vacant district, and
Mr.. Young and Commissioner Millett both
residence in the Western end of
3D. or Eastern District. On this point also
the advice of the Attorney General was So
licited, and given. and guided the Clerk in
his decision that even had Mr.. Youngs
ihH' a't'iipi W itfH tollplttt anu
valid under prior circumstances, ii had
come too late to take effect, being rcceiv-
ed after the division of the county, and
hence the position was not only vacant,
but from the Third or Eastern District.
IL being important To have full Board
of Commissioners at the first regular meet
ing OF the year january 7th. 1850 the
County Clerk acting under the provisions
of the law which provides for such neccs-
stiles, called a special meeting of the
Board of County Commissioners to act
with the Judge Of Probate and the County
Clerk TO fill the existing vacancy. The
proceedings of tina, special meeting appear
in full upon the County Records.
This statement of facts is submitted in
lieu of the report of the proceedings of
the regular meeting which would have ap-
peared. but for the default of said meeting
for reasons iyea herein
j. A. MELOON.