The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-11-23
SECRETARY WALKERS INSTRUCTION

members of the state board of canvasserH,
addressed letter 10 the clerk Of Gallatin
county instructine that officer that Il was
his (the clerk's) duty under the law
10 issue certificates to members Of the legis-
ture. This letter IL as follows:
THE TERRITORY or MONTANA,
SEcgrrARY's OrFIcE.
HELENA, Oct. ~ 1880.
James W. brennan, ESQ.,, County Clerk,
Bozemnn. NJ. T.:
Sir-In reply 10 your letter of the 9th inst.
where you state II have not sent copy OF
the vote for joint representative TO Jefferson
county," wired you TO mail me same i'm
medately. afterwards received your
registered package and find you included
the vote Of the joint member with the Others.
When | first read your letter | understood il
10 mean that you had not sent me the vote
on joint representative (Gallatin and Jeifer-
son counti6s), hence my telegram. ! do not
want vote on county and township officers.
(THR ISSUING or CERTIFICATES TO THE MIN
BERssIs DONE UNDER THE OLD LAW, SEE FACE
$50, SEC. 1,0'3, oF TuR REVISED STATUTES. AND
Az TO JOINT MFNBER SEE SEC. 1881
Yours truly,
l.. A. WALKpl,
Secretary of Montana.
State Of Montana, county Of Gallatin. NJ.
|, Jas. w. brennan, county clerk in and
for said county and state, do hereby certify
that the above is true and correct copy of
n communication in answer 10 certain qucs-
tions and statements, and that the same il
now on file in my office.
Witness my hand and seal Of said county
this 18th day of November, 4. u. 1889.
JAS. W. DREsNAN,
Iseal.l County Clerk.
THE ArTORNEY-GESERh OPINION.
The governor thus had before him the
official acts of two OF the three members Of
the state board of canvassers clearly recog-
nizing the authority Of county clerks 20
issue certificates. The governor, with the
plain letter Of the law before him, writ of
the chief justice and the opinion Of another
member Of the canvnssing board, had "A
plain duty to perform. Added 20 these
authorities was the weight of the attorney
generals opinion given in the subioined
communications
THE TERRIToRY or MONTANA,
OFFICE or THE ATTORNEY GENERAL,
HELENA, Nov. llth, 1879.
Hon. J. X. Toole, Governor of Montana.
Dear Sir am in receipt Of your i Tier
of November ilth, making inquiry as TO the
issuance Of commissions or certificates Of
election TO state, district and other officers,
including members OF the Legislative assem-
bly,.
In my Judgment section II Of article Of
the constitution. referred 10 by you, does
not refer to certificates of election nj all;
but only 10 commissions where the same
are required 10 be issued under the consti-
tuition, or statutes, either upon appoint
ments or after the officers have been elected
and hnye qualified.
II seems TO me- after very careful con
sideration Of the question, and n review of
the different provisions Of the constitution
and the ordinances connected Herewith.
that il WAS evidently the intention of the
constitutional convention that all officers,
sembly. should receive their certificates Of
election from the same source an prior TO
the adoption Of The constitution, where the
office is one which existed under the terri
torial law
Wherever the Office is not new one and
there WAS n territorial law in force reative
10 the issuance of certificates Of
election for the same, in my judgment that
law is still in force and should be followed,
For example: find no attempt ON the
part Of the constitutional convention 10
change any Of the existing laws relative 10
the certificates OF election to be issued 10
the members of the Legislative assembly,
which is fully provided for in section ,033
OF the compiled laws, and therefore such
certificates must still be issued by the
county clerks Of the respective counties.
/ think the foregoing fully answers all the
questions you have propounded.
Yours truly.