The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-10-23
snlary by such county commissioners. from
which suoh appeal was taken; TO the end Of
the term for which such salary WAS 20

salary by such county commissioners. from
which suoh appeal was taken; TO the end OF
The term for which such salary WAS 20
hxsd.
The supreme sourt Of Minnesota in ths
case Of Hawkins ". Watkins, In passing
upon this section, says: In Amending tbs
upon tbs understanding thai tho SALARY
once determined and dxed blythe board OF
county commandments, Is NOT subject 10 be
revised and again hxsd. do Ing the existing
term Of the once. Upon the slsstion OF q
county attorney the board may NJ nis
salary. whieh. excsp. IN case o. appel. W!
which be was slsoted."
Oar provisions Of the constitution ssla-
tive 10 compensation and term of Office 10
utmost identical with that of 1llinois. In
Briseoe =. Clarke county. ths Illinois eoust
says: The COMPENSATION Of county officers
oannot be increased OF diminished during
the term for which they were elected; ths
constitution Of 1870 exp ossly 90 providos."
They could rightly and fairly prssums
thst their labots ahould DO cohpsusated
and that sueh compensation could not bs
changed. II IL fair 10 presume that the
people select their Representatives from
smopg the body politio who will best serve
them In IN official capacity. and thst tho
services of capnble officials are. entitled TO
. fair and definite monetary consideration
The legislature oan lawfully increase tho
duties Of an incumbent Of an office, but II
cannot increase OF diminish the compensn.
ton allowed him during hts term Of office.
To hold otherwise would be to assert that
injustice might be done the servants Of the
state and county, the salary Of which would
% subject to the caprice and will OF a par
tisan legislature.
In the light Of tbs foregoing authorities
W enthusiastically shold that the salary Of
all county officers in this state 40 fixed by
the classification of the act OF March 6.
1891, must renain unchanged until the first
Monday in January. 1895. and that the
valuation Of property in the state Of Mon
tana In August, 1894, by the state boa . Of
equalization will determine the oiassiica-
ton of counties for the two years succeed
Ing.
The rule above laid down. which applies
to the compensation and tenn OF county
officers, implicitly controls the term OF the
county auditor in counties reduced from
the frst to the second GLASS. ana snch Of
Gcer would continue to hold said Off &c for
the term for which he was
elected in the absence of the express
provision Of section l OF IAN act entitled
an act to create the Office Of county audi
tor" approved March 7, 1891, which pro-
vides among other things, That the Office
OF county auditor IL hereby created. and
the same shall exist in all counties in the
state of Montana which now have or those
which may hereafter Scquire . total ASSESS
ment of not less than eight million dol
lars" Tho foregoing section has the effect
TO continue for ali time, unlese repealed by
the Legislature, the office Of county auditor
In all counties which had q total assess
ment Of eight million dollars 1t the time of
the passage of the act.
We take occasion to here note that so
much Of section 2 OF said act which pro-
vides that the county auditor shall be
elected for . term Of four years. Is in con-
fict With the prohibitory provision Of sec
tion 6. article 16 Of tho constitution. which
limits the term Of Office Of county officers
to two years.
Notwithstanding the fact that the county
Of Deer Lodge 10 now a county Of the Sec
ond GLASS. We hold that the present county
auditor 10 entitled TO the Office for the term
OF Two years from tho first Monday. in
January. 1893, and that his term Of Office
expires, as we'll as that Of all other county
| auditors in Montana. on the first Monday
in January. 1896, and that counties CLASH
fed in the first class mt the time of the
approval Of the act at March Z, 1891. c.eat.
ing tho Office OF count auditor. will be
entitled TO elect such officer even though
they shall not have . total assessment Of
{, 5000. 900.