The river press. [volume] (Fort Benton, Mont.) 1880-current, 1888-05-23

$4,000 bonds to pay the indebtedness to
Ch0teau county. The bonds are now be-
ing printed and will be ready for delivery
in a short time. By an oversight that
part of the proceedings was omitted from
the synopsis published.
Truly,
j. W. MATKIN.
GREAT FALLS April q, 1888.
Alfred E. Rogers, Esq, Clerk and Re-
corder and Er-oficio Clerk of the
Board of Commissioners, Fort Benton,
Mont:
DEAR SIR am directed by the board
of county commissioners of Cascade coun-
ty, Montana, to acknowledge receipt Of
your favor OF March 23d, 1888, demanding
the warrant or warrants for $4,000 to be
paid over to the county commissioners OF
the county of Choteau, and to state that
the same has just come to their official
notice at their special meeting held the
10Th inst. That in the opinion of said
board of commissioners two modes are
provided them by law by which Cascade
county's indebtedness of $4,000 to CHG
teau county can be discharged by
the issuing Of warrant or warrants, the
other by the issuing of coupon bonds,
bearing, not to exceed six per cent interest
per annum, payable in seven years and
due in fifteen years.
The commissioners of this county have
seen fit to adopt the latter method, and
to that end at their first regular session
caused these bonds to be printed be
issued to your county as above specified,
bearing interest from the 9th day of
March, 1888, which bonds will be deliver
ed to the county of Choteau as soon as the
printer returns them, which is daily ex-
pected. Yours truly,
JAMES w. MATKIN, Clerk and Rec.
The Choteau commissioners had also
addressed letter to Hon. w. E. Cullen,
attorney general Of the territory, asking
his opinion on the points involved and re-
ceived the following reply:
OFFICE OF THE ATTORNEY GENERAL,
HELENA, M. T., March %, 1888.
A. E. Rogers, Esq, Clerk and Recorder,
Fort Benton, II. z.
DEAR SIR:-I am in receipt of your favor
Of the Goth inst, in which you say that
you are directed by the board of county
commissioners of your county to request
my opinion on the following points:
LIST. "Are the commissioners Of this
(Choteau) county bound to accept the
bonds Of Cascade county in payment of
their statutory indebtedness to this (Cho-
teau) county of $3OO00?"
This / answer in the negative.
Cd. "Would the commissioners Of this
county be bound to accept bonds in pay
ment of said indebtedness bearing less
than per cent INTEREST,""
In my Judgment they are not bound to
accept bonds no matter what the rate Of
interest may be.
Sd. "Have the commissioners of this
(Choteau) county any discretion in the
matter of accepting bonds in payment Of
said indebtedness"
I think it is matter within their dis
cretion entirely although as the bonds are
directed to be issued under the general
laws regulating the issue of bonds by
counties, it might be held that they could
not accept them under any condition.
4th. "In what manner under the law
should Cascade county have paid their
indebtedness to this county,"
By the provisions of Sec. 2, Of the act
creating Cascade county, it was made the
duty Of the commissioners of that county
to issue warrants upon the general fund
for the sum of $4,000, which warrant or
warrants your commissioners were bound
to accept in payment Of said indebtedness.
BY the same section, however, the COM
of Cascade county were clothed
with discretion in this matter. If they
elected SO to do, they might issue coupon
bonds Of Cascade county, bearing interest
at not more than per cent. per annum,
payable in seven years and due in fifteen
years in payment of the debt due Choteau
and Meagher counties, and for the pur-
pose of payment of current expenses OF
Cascade county for the first year. These
bonds they could not sell for less than
par, and they should issue them in con
formity with the general law The gene
raj law upon this subject, to which the
legislature refer, was no doubt Sections
8O8, 300, and 80 p. $50 of the Compiled
Statutes. When the general law is in
conflict with the special law creating Cas-
cade county, the latter must prevail but
in all other respects the issue and dispo-
sition OF these bonds must be in conformi-
ty with the general law. Section 80 as
you will observe, requires a publication of
notice in the county and in the city of
New York, inviting sealed proposals and
the parties offering the highest price for
such bonds are entitled to become the
purchasers. These bonds having been
of in the manner provided by
law, the proceeds thereof, would form a
fund in the hands of the county treasurer
for the purpose Of paying the indebted
ness TO Choteau and Meagher counties,
and also for the payment Of the current
expenses OF Cascade county for the first
year. Very respectfully yours,
w. E. CULLEN, Atty General.
Z
Suit was then instituted and the result
Is known. Judge Bach dec ded q ques-