The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-05-02

county officials, for therein they spscitiad
that: .
.'The terrn OF office for the AboYs namsd
o~floers ahall begin upon the adnaission o.
the stnta and and upon the hfst Monday
Of January. "A, ID. 1898, except ~ to county
treasursr, whose terra shall begin on the
frat Monday In March a~uccsedinG his elao-
tioa, ana aud on the 6rst Monday OF March.
s~ionors, whose terms nre otherwise pro
vided for in thia constitutions.
\ he election and terms OF county com
missioners was provided for by the conati-
tutions in section Al article 10, IL the q
Cnsgs following;
thres county commissioners, whose term
Of office skall be for four years. A vacancy
In the board OF county com missioner snail
be filled by appointments by the alatrlds
judge OF the district ia which the vacancy
ecnurS.'
Ii will be observed in reference to these
oficoiu that each term was to be OF the
samc duration excaBt county commission
err, and osch to commence running from
thu same pssiod of tine except county
treasursrs. and that the term Of I'll persons
elected t~hsreundar ars made definite and
certain. We are not required to look beyond
the constitution itself to find an internre-
tasion OF ito meaning from the motive ana
consequences of its provisions.
In this connection wa adopt the language
Of the court in People against Reed, = GAL,
page 200, wherein Mr.. Chief Justice Muir
ray asys:
"Thp torn OF the incumbent ia limited
to " years, and the words and until his
SUCCESSOR il eleted and qualified vera only
incorporated to prevent n hiatus OF inter-
rsgaum occurring between the day OF ter
mination OF The office. ana the date upon
whiah the successor enters upon his dutlss.
From the day on which the term expires
bv limitation to the late of tbs induction
of his SUCCESSOR, he is a more looam tenens-
Section sevon, article eleven. OF the conssi-
stitution declares that when tho duration OF
any ofioo il rot provided for by this con,
ssitution, it may be declared by law, and
if not 50 declared, such oh6ce shall be held
during the pleasure of the authority max
ing the appointments. Nor shall tho
duration Of any office not fixed by this con-
stitution. evsr exceed four years" Now
the term having boon fixed at two
Years. it is evident that the incumbent did
not hold by the tenure Of tho appreciation
OF the appointing power. neither can he be
contiuuad in office BY their failure TO pro
vide 4 mods for slecting a successor; for,
having fixed the term, upon its expiration
the Office dc jurs becomes vacant, and can
be filed in two way; either BY election in
the manner which may be provided BY law,
or by ~pointms by the governor, under
the eighth section Of the NTH article Of the
constitution"
This reasoning leads us to the conclusion
that tbs term Of the present county com
m~lasioasrs axpi O. on the 9th day Of No
yembsr, 1893, and hat there is no PROVISION
il the constitution which will authorize
them to continue longer in office noSwlth-
standing ths proyiao contained IN ana made
a part Of section 652 Of the general laws OF
Montana.
That tho legislature entertained the view
that the duration Of the term of office of
the present board of county commissioner
was limited to four wears and no longer, ~
evidenced by their action in the passage and
approval of the proposed ana 70 the
state constitution, approved February .,
1891, and which IL IN tie language 1ol1oW-
ing:
Section 1. There shall be submitted to
the qualified electors of the Btats at the
next general election, tho following amend
mont to the state constitution:
Section 4, Article 16, shall be amended SO
an to read AS follows:
Section 4. In sach county there shall bs
elscted three county commissioners whose
te II of office shall be for four years; pro-
y,aad. that the term of office of those olsct-
ed to succeed those elected October l, 1883,
shall expire upon the first Monday in Janu-
airy, 1895; and. provided further, that at the
general election to be held in November,
1894, enc CON: N issioAer snail be elected for
two years, ana two commissioners for q
term OF four years. A vacancy In tbs board
Of county col II, isaionefs shall DO filled by
appointments by the district juags OF thu
district in which the vacancy occu q.
lhe submission of this proposed amend
ment to article sixteen, of the constitution
is an evidential fact that the Legislature de-
sired to avoid Il vacancy in the office of
county commissioners, and thereby sought
q remedy thereof to the people.
To make certain and definite, that which
minss be oonaidered uncertain and indei-
,;4o jhs 1arir1ptura nv "a set antitfhH IN N
act relating to the duties of clerks of boards
of county commissioned in issuing notices
of election approved March 4, 1871, maids
it obligatory upon eoanty elefks to notify
the people OF all Offices that would become
vacant by reason of the term before the
general election, which act 10 in tbs Ian
guaas following:
section /. II shall be the duty of tht
CLERK of tho board of county commissioner
of tbs several counties in tho state to in
cluds in the notices of election provided
for in section ], lob, fifth division compiled
s~tatztes, all Offices that will become yaoan
by reason of expiration OF term before th'
general election next succeeding the cleo.
ton for which such notices provide.
With the authority herein conferred upo1
the county clerk, it will be his houndel
duty, when he makes out and forwards b,
t mail to the judges Of election ths writer
, notices OF the holding of the general cleo
! tion on the first Tuesday after the first
Monday in November; to insert therein tha
! an election will be held for three count
commissioners, whose term of office vii
expire upon the first Monday in January
1896. The performances of this duty on thu
Ia. of the county clerk weuld not tai
o away or curtail the rights of tbs qualiGs
a elsctot OF Montana, while g failure to d
3 thia would huye an effect directly opposlta
but that suoh privilege and right is Ruaran
. tsed to him ia evident by the intention 0
! the legislature in the passage and approve
o of the act last quoted
' ii is not to BIO supposed of a legislativ
body that it would putposely leave a pro
o rossd alnardrnsnt to the constitution,
adopted, in q condition that it could nos b
enforced If not self-exeouting, so as to Civ
rise TO controversy and litigation MS to i
effsct and meaning; and such act as la
above cited, does away with and dlspos.
most eHsctually of any such supposlt1oni
for therain is granted full power and con
!. piate authority for any qualified eleetor
g Montana to sxeclse his elective fsrerCRatl'
l. by voting for county commissioners at Il
ID next general election, which Will take OH
!, on tine 9th day of Novenbsr, 1893, and no
d their office until the first Monday OF Jan
~ AIRY, 1885; provided, however, that this pr
rs posed amendment to the constitute,
I'd should be adopted by the people at the ne
ID general election.
A failure to adort the proposed amen
a. ments to the constitution would on the 8
no day OF November create a vacancy in t
g. office OF county commissioner ia eva
IN county ia the state. which vacancy wor
g be filled by the district Judge of the distr