The new North-west., 1884-05-23
THE COURT HOUSE MATTER,

ucUt enIAitou Uy tnc CousITuctioH VI Ihc PtoN
jscted court house, without first submitting
the question 10 vote Of the county as spec
lied where Il il contemplated TO issue bonds,
was that the decision Of this court should be
final Is sfecting the action Of the parties
concerned. Hence there will be no appeal,
although in view Of the importance Of the
question, We understand Judge Galbraith
would himself have desired that the case
should be reviewed by the Supreme Court.
There seems to be q decided difference of
opinion among attorneys, some Of them dts
interested, ss to the construction that should
be put upon the Montana law covering this
case, and there were certainly authorities
cited for as well as against the Commission
ers. The question appeared to turn upon
| the intent Of the Legislature 10 the matter,
aud We presume Judge Galbraith, who has
not yet prepared his written opinion, took
the legislative declarations in regard 20 the
iss1ance Of bonds for such purposes as indi'
eating Its intent. Anyhow, the decision Is
accepted by the Commissioners ., deter
mination Of their authority In the premises,
aud there will be no attempt to evade or
avoid IL.
We are we'll convinced that II there is not
there should be Limitation placed on the
powers Of County Commissioners In this
| matter. The proposal to incur the obliga-
tions of q debt for the construction OF public
buildings should be required TO be submit
ted to . vote Of the property tax payers OF
the county before such debt Is incurred, and
| then It should be limited TO q small percent
age Of the property valuation Of the county
rs shown by the taI collections OF the year
next preceding. II the Commissioners 1f
this County had or have authority to incur
debt of S75, 900, they bad and have just as
much authority to incur debt Of $3.50, 900.
That our laws are not sufficiently stringent
In regard to municipal debts, or the powers
Of Commissioners, Is shown conspicuously
In the enormous debts that have been piled
up In some OF the new counties along the
Yellowstone, without anything to show for
1t except bad record. The State Constitu-
ton provides against some Of these evils,
but 1t may be many years before Montana
becomes State, and the next Territorial
Legislative Assembly should take hold Of
this matter and put these limitations in
words that cannot be misconstrued. 1t does
not follow that because without restrictions
many Boards Of Commissioners have been
just as careful As though they existed, that
the way to wrong-doers should be left open.
We have had an instance In this county,
when the Jail was built and debt incurred
without submission Of the question. The
Jail was needed. II Was built At . reasona-
BILE cost, and the people Of the county are
gamers by the construction. We believe 1t
would have been so with the court house.
Al the cost ut which IL could have been
erected and with the financial plans deter
mined upon, . durable, safa, adequate build
ing would have been constructed, and prop
erty owners Of this county would have been
better of than they are now. But the prin-
ciple involved IL that these questions OF ex-
traordinary expenditure are properly deter
minable by those who chiefly have to stand
the consequences Of public debt or public
inconvenience or loss, and If . majority Of
them are opposed to incurring the debt for
better security and convenience, the minor
ity must abide the result. In this instance,
We have no doubt whatever the Commis-
sioners, one and all. acted with but the sin
gle purpose In view Of subserving the public
welfare. The court house is inadequate In
many respects. 1t 10 insecure - . whole
and will soon begin 10 be . bill Of expense
for repairs. Some OF the most important
Offices have no vaults, and ws record 1t -
our solemn conviction that sven the Two
small ones In the Offices Of the Clerk and
Recorder and District Court Clerk would
not save . single paper II the building
vaults for the accumulated records Of the
county would encroach on the limited and
insufficient room there Is on the lower floor
and they would be unavailable when . new
building, . necessity Of the near future, 10
erected. To erect . detached building and
separate tho Offices 10 not Q wise measure.
They had before them the precedent Of .
jail building erected under like circum-
stances without submission TO vote. And
thus, In perfect good faith toward the peo-
pie, contemplating only an expenditure they
believed the county could we'll afford, end
having pi piscedent for their action they took
the initiatory steps without submitting the
question TO the electors, o. II Is decided they
should have done. That this action called
out strength Of opposition TO the method
that would not have existed toward the
project itself We feel we'll assured from ex-
pressions on the subject, and We believe now
that that matter has besn determined, and
the cost aud financial plans are known, II 1t
were submitted TO Q vote Of the county, 1t
would be found many who have opposed the
project heretofore would favor IL. The
views Of the Commissioners are, however,
that the season has progressed too far to take
that course and proceed to build this year.
A special election and the canvass Of the
vote would require two months time, which
would prevent the work being done, IL the
measure were approved, this season. The
Commissioners will meet again on the first
Monday In June. What their liberalization
will be - to protecting the records, We do
not know, but one thing ID certain, there
will BE- no court house built at present. The
matter having been fully discussed and fresh
In the minds Of the people, we believe the quss-
ton should be submitted to them some time
within the next ten months, that IN express
sion may be had At the polls and the matter
definitely settled one way or another, 90
that, II approved, the building may be
erected next year, or II disapprovsd, It may
be dropped.
aPOOLING THEIR ISSUES"
Circumstances indicate that the Union
Pacific Oncluding the ". d NJ and the