Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1888-08-23
A Legal Opinion of Local Interest.

II will he remembered that il was decided
three years ago 10y IA vote of this school
district, to- raise the sum of = 500. 10y II
special tax. IL was afterwards thought
not advisable To tax the district To- that
extent, 50 the tax was never levied. The
reasons las this decision were that the
reluiremes(s II the statuos. un,ler which
the vote was taken, hsd msst h19sso>G1isa
with; and that it was Thought As<Sve ex Dsesli-
ent to raise the amount by bonds than 10y
special tax. The question then arose AZ to
whether IA second election could be held.
and the distr bonded, until the former
vote had been set aside. The quest ion was
submitted to II. q. McIntire. of Helena.
for his opinion, which is given IN full below.
From the opinion il will le seen that "A
vote ON the question ri banding the dist rict
for the purpose Of building IA suitable and
comm"dious school house can be had at
any time. The following is Mr.. Mclntire's
opinion:
HELENA. Mont, July II. 1SSS.
T. j. Vivian, Esq, Clerk School District NJ.
I, Fergus County. Mont.
Dear Sir-ln reply to your favor ri July
18th, requesting my opinion On certain
points relating to the financial affairs ri
your district. ! submit the following: TAX
ing your letter of the 18th inst. E, u copy of
which ] suppose you retained. us II basis.
am of the opinion that the power granted
to the trustees If the old dist riot No. r.
by the election held on June -, is IF no
further force ar effect. The power then
granted to raise 81 500 by special tax ON
the property of the district to build addi-
tional school houses in the district was for
that fiscal year. 1855. and it cannot he
extended over any subsequent year. by
failing To exercise the power during the year
| for which it Was granted-lSs.-it has
lapsed and can no longer he invoked.
Further the statute: Comp. Laws. p. ls?,
see. 1905. appears not to have been fully
complied with--the board not having acted
in any manner rs a board Of equalization
| on the list furnished il by il : clerk. This
Of itself would suffice to invalidate any ac-
ton under that vote. That branch al
your inquiry is then out al the question.
Leaving aside the propriety or the board
of 1855 ignoring" an election Of the peo-
pie. am further Of the opinion that the
authority to issue bonds, which was at
tempted Mt the election of Sept. 90. 1855,
| il also of no validity, because Of the failure
to notify the electors of the amount of
| bonds that were to I've issued. the time hey
were to run, and the purpose Tor which
they were to be issued. This is u pre-
requisite to the lawfll issue of bonds by u
school district. Comp. Laws, p. 12o2, see.
| l3Jo-l3Jl.
That this notice was not given il gath
cred from the fact that nothing oi the kind
appears upon the records If the board. by
law the clerk is required to preserve II rec
ord Of the proceedings Of the board. Comp.
Laws, y. 1IS2. see. 1881.
1t is n well known propositiono III law that
the only competent evidence al the action
Of such bodies as II board Of school trustees
in lcvying tai es. etc, il the record required
to he kept by law.
But further, the failure tn exercise either
Of the powers granted at the elections held
in 1885, assuming them To have been in all
respects regular, until the present date, in
which period Fergus county has been ere
atcd, the old district No. IL merged in the
new district No. I, and even "a portion al
this new district segregated into IA further
district would preclude, in my judgment
the exercise III either of the powers then
granted to district No. ~.
To conclude, il * my opinion that dis
J trict No. I IL in no manner bound by thu
, result 81 either of the elections Of 1SS.,
that to act upon those elections now would
l,e una ut horized and Illegal; that said dis
trict is now as il such elections had neve,
been held; and that no further steps arr
necessary ON its part. II it is the wish -
said district to secure further school facli
ties than those it now has, ample power II
with the board TO do so in the ma inner pro
. vided by law. Comp. Laws. y. l1s?, secs
1906 1906, or p. 12O2. secs. 13Jo-1?51.
Yours truly.
H. d. MsINrIRE.