The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-09-15
THEIR WORK WELL DONE.
The County Commissioners Sep
TENDER Meeting Was Their Last
Regular Session.
A Qsustion Has Now Arisen In
Regard to Their Sue
It VIII BE Fully Settled in u Legal and
an Amicnbie Way Before Nov. 8.
Comes Around.

The board Of county commissioner fol
Lewis and Clarke adjourned their quarterly
session yesterday afternoon. Unless theirs
should be occasion for a special session be-
fore The time SET for the next regular most
ing, in December. the session just closed
winds up the work OF the present commits
sioners, T. W. knight. Z. ID. EaRerton.
and John Horsky. Whose term expire Nov.
next. As the election held In 1889. At which
the state constitution was adopted and
state and county officers were elected. Il.
w. knight, Z. ID. Edgerton nnd A. j. Burns
were chosen county commissioners Of Lewis
md Clarke for four years. Their terms
began with the admiasion Of the state.
Nov. 8. 1888. and therefore expire Nov. 8,
1898. At tho election last fall EIizur Beach,
william Math and John Horsky were
elected to succeed this present board. AZ
TER the election Commissionsr Burns died,
and the judges of the district court,
recognizing the fact that Mr.. Hofsky
had been elected and that he and
Mr.. Burns wore Of the same politics, re-
publican. appointed him to the vacancy.
The effect has been to give Mr.. Horsky an
insight into the doings Of the Office that
will stand him In good stead during his
regular term for which he was elected.
The frss board of commissioner OF
Lewis and Clarke county will 20 out of
Office with a record OF which they may feel
county has gotten the finest Jail structure
within this limits OF Montana, and IL was
built q long way inside the amount they
wei e authorized 10 d end for It. They wee
given permission by a vote OF tho peopls to
expend 800, 900 in building q new Jail. and
that amount vas levied for. The entire
SEQ, 600 was not collecsed, owing to delin-
q~uenc!es in payment of taxes. but enough
was collected to pay for the building IS
originally designed and what few extras
were added, the sntire cost of the struo-
tare being somewhere between $780,
600 and S5s,000. The commission
ers have also materially improved
of the county poor farm. There lave been
more than the usual number Of washoats
Of roads and bridges and the commission
sts have seen that the damage WAS promptly
repaired and that without laying any extra
burdens on the taxpayers. Altogether the
record made by Com missioners knight and
Edgerton for tbs four years, As we'll as the
record OF Commissioner Burns AMI Horsky
for the time they were members of the
board, need no excuses. They have held
sixteen regular quarterly sessions. and
about twsRty- Ave special sessions as q boa d
OF commissioners. as eqEalizers. to make
the levy and TO can vass the votes.
come question has been raised as to the
SUCCESSORS Of the present board Of county
commissioners, at least as TO two Of them.
Nessrs. knight and kdgsrton. Csmf=4<-
sioner RorsKy. OF soutse, will succeed him
self in any event. having been chosen for
the coming term. There 10 no question in
thn r9tp1p ~ HrYn rrSaS{nnAtR knf0hS on1
EdRstton as 20 sheir terms expiring abso-
lutely on Nov. 8. Ths question that has
been raised Ia as TO tho status Of Aessfs.
Reach and Mush, elected TO succeed them.
The failure of She secretary OF state last
year to advertise for tho required time
the proposed constitutions amend
mont relating to county commissioner
does not out any figure In the
question. as IL has bsen decided that the
failure OF an officer to execute his part of
the law cannot vitiats the law. Tbs fact of
the matter 10 the constitution made no pro-
vision for tho election of SUCCESSORS to the
boards of county commissioner who went
into office with the admission of the state.
1t merely provided shat she terms of the
county commissioned elected in 1889
should be four years. and that vacancies
should be filled by she judges of the dis
ttics court. To remedy this oversight the
first legislature. at its second session.. In
@NSA1 okS~S - ~ "a WA
stitution providing thar the suscessrs to the
FIRST bonrd of commissioner shonld serve
until January. 1895. II was under this
amendment That Msssrs. Beach. Muth and
Horsky were p esumed to BE- elected. The
amendment was voted on by the people on
the same day shas the new board was
elected. but tho yoSes had 10 be oanvasssd
and an official announcement made before
1t became effective. Tbs amendment was
therefore not in effect AT the time abe COM
miskioners fer whose terms IL provided
were elecsed. Right There ia shs most i'm
I~ortant question that has been raised. 1t
is whether q man can bs elected and hold
Office under a Law that was not in eff cot at
the time of MIA election.
Commissioner Knight and Edgerton
have no dss!rs TO hold on any longer, sven
1T they did not recognizes the fact that their
terms absolutely expire Nov. 8. They
would, however. iika TO have the question
of their snecessot 8 settled bsfo 0 that sime.
This mny likely be one by making up An
agreed statement Of facts and submitting
the case TO court. Should tho cont rule
that the terIns of she new commissioner
begin at the expiration of tho terms of
those now holding. Messrs. Beach, auth
and Horsky will ply sake up the cosnty
government. whore Messrs. knight, Edger-
ton and Horsks leave off. Should the court
decide that there was no election OF COM
missione 8, there would be q vacancy after
Nov. &. and Judges Hunt and Buck would
undoubtedly %recoeniZ, the EXPRESSED Will
of tho people by appointing MessrA. Beach,
Mush and Horsky.