The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-10-30
The Term OF ONCE or Successors
to the Present County
Commissioners
It Will All Depend on the Fate
Of the Constitutional
Amendment.
Either Way They DO Not Get in Until
the First Monday I'm January
In 1804

The county commissioners who are
looted on the 9Th day of November in
lewis and Clarke and other counties OF the
Itate will not take Office until the first
Monday in January, 1894. and the question
as to long they hold their places will depend
on whether the failure OF the secretary Of
state TO publish the proposed amendment,
or whether the voters of the state decide
they want 1t. If the amendment ID de-
feated at the polls. or II II 10 adopted and
after wards knocked out by the courts on
account OF the failure Of the secretary of
state to publish IL ninety days. the men
who are elected on Nov. 8 will hold office
for four years from the first Monday in
January. 1894. II the amendment ia
adopted by the voters, and the courts hold
that the neglect of the secretary Of state
does not invalidate it. the next commits
sioners will only hold Office for one year;
that ia, from the first Monday in January.
1884, to the same time III 1895. Either way
the present county commissioners will hold
office until the first Monday in January,
1894.
The general understanding at the time
the state constitution was adopted was
that all officers would give way to their
successors OIL the first Monday in January,
1893. 1t seems, however, that there were
some exceptions, particularly in the case of
the county treasurer and the county COM
I%nissioners. The constitution excepted
these officers from the general provision,
and made special limits to their terms.
Article sixteen, section four. of the state
constitution. says: "In each county there
shall be elected three county commission
ers, whose term of Office shall be four
years." The exceptions in the cases OF the
county commissioners and of the county
treasurer, are contained in the following,
which is the ninth section of the second
ordinance passed by the constitutional con-
v~ention: "Ihere shall also be elected at
the same time (the first Tuesday in
October, 1885, 1.-THE following county and
township officers. three county commits.
%sioners, one clerk of tho board of COM
missioners and ex-of1lcio recorder, one
sheriff, one county treasurer, one county
superintendent Of tho common schools. one
county surveyor. one county assessor, one
co oner, one public administrator, one
county attorney, two justices of the peace,
and two oonstables for each township. The
terms Of Office for the above named Officer
shall begin upon the admission of the state
and end upon the first Monday of January,
"A. ~. 1875, except as TO county treasurer,
whose term shall begin 0 n the first Monday
in March succeeding his election and end
on the first Monday in March, A. ID. 1898;
and also as to to county commissioners
whose terms are otherwise provided for in
this constitution"
This provision is looked upon as effect
ually settling the question as to the terms
of Office of those commissioners who are
now In Office. Their SUCCESSORS will take
office on the first Monday in January, 1894.
How long they will hold depends on what
becomes of the proposed amendment to the
constitution, either at the hands of the peo-
pie or. if adopted, at the hands of the
courts. The proposed amendment reads:
I'm each county there shall be elected three
county commissioners, whose terms of Of
flee shall be four years; provided, that the
term of Office of those elected to succeed
those elected Oct. l, 1889, shall exuire upon
the first Monday in January, 1885," If this
amendment is adopted by the voters and
then upheld by the courts. it will be seen
that the successors Of the present boards go
out of Office or the first Monday in Jan
uarv, 1895. As they go in, under the CON
stitution, on the first Monday in January,
1884, they consequently serve but one year.
If the amendment is defeated, or if it is
adopted and then knocked out by the
courts, the SUCCESSORS to the present board
will serve four years under section four of
article sixteen: I'm each county there
shall be elected three county commission
ers, whose term of office shall be four
years"