The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1885-03-13

PLAhs"o e- SohiinS up, Tue minority report
OF the committee recommending the passage
Of the Kennedy bill was supported by FERNS
and Kennedy, while the majority report. rec
| ommending substitute, was Supported by
DeWolfe and Morris. The majority report
was finally adopted by strict party vote Of
7te5.
In the House number of committee re-
ports were made, and
HOUSE BILL NO. 1,
relating to Notaries Public, was received
from the Governor with bis objections there.
to, as follows:
OBJECTION Lit Is not certain from the
words OF the bill that Notaries Public here.
after appointed would be limited in the dis
charge OF their official duties 10 the counties
OF their respective residences. If they could
take afhdaVits aud acknowledgements
throughout the Territory, they would be
county officers in name and Territorial off
GERS In effect. In that case they could be
legally appointed only by and with the I'D
vice and consent Of the Legislative Council.
BY sec. 92l OF chap. Al, of The 9Th division of
the Revised Statutes, Every Notary Public
whose commission Is unexpired at the date
OF the passage Of this chapter shall be en-
powered to act as Notary for the entire Ter.
ritory OF Montana as fully as though he had
t.
That section 1t Is not proposed to repeal, and
the latter clauses express the intention that
all Notaries shall act for the entire Territory
OF Montana. Neither sec. | of this bill nor
any section of said chapter prescrbes in
terms that Notaries Public shall act only In
the counties for which they are appointed.
If in an attempt to harmonic the proposed
sec. 900 anu sec. 92l, IL should be held that
there is Limitation only as to the residence
Of the Notary Public, and not as to the place
for the discharge of official duty, the provis-
len as to future appointments would be in
violation Of the organic act.
OBJECTION 2.-If this bill should become
a law, sec. 900 of said chapter as it now
reads would be repealed, aud sec. 900 a.
amended would take its place. The repeal
Of sec. 900 would legislate out of Office
nearly 400 N0taries Public who have been
appointed during the present session of the
Legislative Assembly, unless there Is q sufi-
cient saving clause in the bill. If there is
any saving clause 1t must be found in sec. Q,
which authorizes Notar es appointed before
the passage of this act" to file their commits
si0ns and receive certificates of official char
acter. But 1t is difficult to see how sec 2
wsuld continue the present Notaries in Office.
Their tenure Is surely not intended to be in
definite aud unlimited. The tenure cannot
be for three years, because the three years
term is abolished by the amendment to sec
900. 1t cannot be for two years, for that
tenn applies only to future appointments.
No other term is provided for any Notary.
The logical conclusion is that officers who
held their offices for no time at all must in
stantly cease to be officers.
OBJECTION 3.-If Notaries already an.
pointed are to be continued in Office BY this
bill, it is a serious question whether they
could act for the whole Territory, or only in
the counties of their respective residences.
To these objections venture to add that
every law should be so plain and clear that
the officer or citizen will have no difficulty
In determining his rights, powers, duties and
liabilities under II. To avoid doubt and
confusion, an act changing the method of
appointing Notaries should provide:
list. That Notariss Public already in Office
should continue in Office until the expiration
of the term for which they were appointed.
I'd. That Notarles Pubic should hereafter
act only In the counties in which they resi-
ded at the time Of the passage of the act, or
at the time of appointment.
Sd. That the term should be three years
Cor some other uniform term) for all.
The Governors objections were sustained
by unanimous vote.
Forbis introduced a bill limiting the COM
pensation of Justices of the Peace and Con.
stables for public business, 10 5000 per an
mum.
A number of Council bills were read aud
referred TO proper committees.
Tingle introduced q bill authorizing the
County Commissioners of Dawson county to
issue bonds to fund the county Indebtedness.
1t was passed under suspension of the rules.
Potts bill amending the act regulating in.
surance companies, passed at the last session,
was passed. 1t increases the entrance fee
and fee for annual statements required by
such companies, and provides for paying
such fees into the Territorial treasury.
Perkins bill to amend section $40, fifth
division Of Revised Statutes, relative TO the
borrowing Of meney by Boards of County
Com missioners, was passed on third reading.
Forbis' bill amending the city charter Of
Butte, was passed on third reading.
Taylor's bill to establish the county of
Dearborn was defeated, the supporters of the
measure being Eastman, EmIgh, Fisk, For
bis, Sloan, Taylor, Tingle aud Wells.
Forbis' bill creating the Office Of County
Attorney, was passed on third reading with |
one negative vote-Emigh.
Seligman's bill to enable the county of |
Jefferson to build Jail, was passed, net
the opposition of Fisk.
Potts bill providing for the organization |
Of the Legislative Assembly, was passed by
\ unanimous vete.