Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-06-16
BUTTE fathers.

BUTTE fathers.
Meeting of the City Council Last Light
Street Cars Again.
A meeting Of the City Council wal hel,
last night with an attendance of ten mem
beers, the absentees being Lynch, Levy
Lewis and Wynne. President Sargent pre-
sided, and City Clerk Graves was at hi
desk. After the minutes of the previous
meeting had been read a number OF bill
were read and approved.
Mr.. Pettes then read the following report
rom the Committee on Ways and Means.
Mr.. PRESIDENT: Your Committee of Wayf
and Means, in conformity to the course
orally stated at the last meeting Of the
Council, have obtained, and respectfully
submit, the written opinion OF Mr.. w. w.
Dixon as to the amount OF bonds that can
be legally issued by the City of Butte, to
obtain money for perfecuing certain public
improvement:
w. E. PErTEs, ESQ.,, Chairman Committee
OF Ways and Means OF the City Council of
the City of Butte: SHIN answer to your
request for my legal opinion for the use of
the city, as to the power of the city to issue
bonds to raise money for certain public i'm
provements. and as to the amount OF bonds
which may be issued, l have to say:
That | have examined all the laws re-
lating to the subject, and considered them
as carefully as ] was able to do.
~ Tho .op1r naokoso1 J.fE o,l4- =.
ton arises from the fact that the Legisla-
tive Assembly of Montana, at its e~xtraor-
binary session in 1887, passed two separate
acts, each relating to the issuance of bonds
by municipal corporations, and both ap-
proved and taking effect on the same day,
18th, 1887.
One OF these is the act claws of Extra
OF 1887, page 62,) amending SUBJ
division TX OF section IL OF the act relat.
ing to the formation of municipal corpora
Subdivision TX, section 325, page
$50, Compiled Statutes of Montana.)
The other is the act to enable certain
cities and towns to incur certain indebted
ness. laws of Extra Session of 1887,
page 69.)
These two laws having been enacted on
the same date and relating to the same
and neither one expressly repeating
thO OuO hId6UY @OCoIuIDS VI LII N6II
znown legal rules of statutory construc-
lion, be so construed as to give effect, as
ar as possible, to both laws. This can
be done by holding land this seems
% have been the intention OF the Legisla-
i've Assembly, that the two laws apply to |
;wo different cases.
Thus, IL the two acts are examined, it
will be seen that the a~mendatory act is
,art OF a general law relating to the con-
raction OF indebtedness, either by bor-
owing money or issuing bonds, by cities
nd towns incorporated under the Munich |
'al Corporation law, without regard to the |
act OF whether or not their assessed yalud-
is twelve hundred thousand dollars or
nore or less, while the act to enable GER
ain cities and towns to incur indebtedness
J a special act relating only to the issuing
bonds land not to borrowing money in
ny other way, by incorporated cities or
having an assessed valuation of
wefve hundred thousand dollars or over.
his last act also contains provisions as to
onds much more specific than any in the
eneral law.
This last act must therefore be taken to
e a special law intended to govern only
asses OF the issuing of bonds by cities or
owns having an assessed valuation OF
welve hundred thousand dollars or over,
the general law is intended to govern
II other cases OF all cities and towns hav-
az an assessed valuation OF less thar that
This construction will reconcile the two
aws and give effect to both, and will carry
ut also what appears to have been the
ltent of the Legislative Assembly. 1t will
Iso be in accordance with the rule that
he terms of d special act control those of
general act:
See: State VS.. Stoll, II Wallace (U. s..
Sup. Court, ABS;
Townsend VS.. Little, 0 u. 3. (U.
s. Sup. Court, 5O4;
q. P. r. r. Co. vs. Cheyenne, 113U.
s. (U. ). Sup. Court, SIS;
and many other cases.
lam therefore OF the opinion that the city
{ Butte lit having, as l am informed, an
ssessed valuation of over twelve hundred
dollars) is controlled as to it's
over to issue bonds for public improve
by the "Act to enable certain cities
nd towns to incur Indebtedness APP
September d, 1887, and co Itained
, the laws of the extra session OF 1871
age 50. Under and in conformity to this
ct the city has the power to issue bonds,
s therein prescribed, if authorized by a
of votes at an election for that
for constructing water works,
ublic buildings, street grades, bridges,
ewers, or other public improvements.
The amount of such bonds may equal.
ut must not exceed 2 per cent. of the
valuation OF the city. This as
essed valuation is. in my opinion, must
e that shown by the last city assessment,
hich OF course would include only prop
rty in the old limits, but / do not think
assessment by other authority of the
roperty now within but formerly outside
( the present limits would be a proper
asis upon which to issue bonds.
OF course this whole matter of right of
city to contract any indebtedness, is
ubject to the provisions OF Section a., of
he Act OF Congress, of July 30, 1886,
with complied Statutes Of Mon
ana, on page 32,) which provides that no
municipal corporation in the Territory
hall ever become indebted in any manner.
r for any purpose, to any amount in the
ggregate, including existing indebtedness
xceeding four per centum. on the value of
he taxable property within such corpora
&C.. and that all bonds or obligations,
q excess OF such amount given by such
o~rporation, shall be void.
In regard to~the tax to be levied to pay
ne tHt0FtSb Oh UH6 DOuub lSbu6U anu TO 4
a sinking fund for their redemp-
ion (Sec. 5 uf act, page 10, laws OF extra
ession of 1877 | am OF the opinion
hat it is subject to the restriction of
ection 101 OF the Municipal Corporation
so amended by section IL of the act
o amend that act, (page Sc, avs of extra
ession OF 1887 which provides that the
amount OF corporation taxes to be as
peesed and levied in any one year to the |
property OF any city or town shall
lot exceed t~hree-fourths of one per centum
IN the assessed valuation ofsuch property, |
except TO Fay by judgment against a town
Or city.
Thus section 101 as amended is very
plain, and is a positive restriction on the
power, and as it is not necessarily |
Inconsistent with anything in the act au |
the issue of bonds (alth0ugh
practically It may be found ineonvenient) /, /