Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1894-01-12

IT will be noticed in the minutes Of the
meeting Of the county commissioners
that Auditor Armstrong says that there
were present, "Dugald Campbell, chair
man." And, further on, that William
Margach presented his certificate of elec.
tion a. commissioner OF the Second, Com.
missioner district--Dugald Campbell re.
tiring--and took the oath of Office" In
another place we read among bills al.
lowed, "Dugald Campbell, commission
er's salary and mileage, $4.20." Now,
the statute (section 1870, Compiled Laws)
says that the terms of newly elected Of
tlcers shall. begin On the first Monday in
January after their election. The first
Monday this year was legal holiday.
Therefore, MIR. Margach's term began on
Tuesday, as soon as he obtained his GER
tihcate of election and took tho oath re.
quired by law, which he did early in the
before an officer authorized to
administer oaths. He was then de facto
and de .jure commissioner from this dis
trict, and, if there is any law to the con.
trary, the writer has been unable to find
it. Neither is there any authority for
two men drawing salary as commissioners
from the same district for the same meet.
iag.
In paragraph of the minutes the audi
tor inserts.an editorial to show that the
reason why the Fischer petition was not
presented to the appointing board was
because it was addressed to the board
of commissioners. MIR. Armstrong re.
ceives the boards mail, and, as county
aOaesk, is authorized to arrange and pre-
sent before them their correspondence.
He knew what the petitions were, aud
for whom they were intended and it
would have done him no harm to have
shown decent consideration for respect
full petition coming from large number
of citizens who pay-aud are noted for
paying promptly-:their share of the taxes
which make settlement of the auditors
salary possible. More particularly could
he have done this gracefully for the rea-
son that, in the absence of Commissioner
McLain, there was no show at any time
for the choice Of q man not wanted by
Armstrong and Rowerdink; and it is not
at all certain that McLain would have
gone contrary to Armstrong; wishes had
he been present.
The true history of the commissioner
appointment does not appear in the min-
utes The manner of its accomplishment
was on par with pretty much everything
that Armstrong has had his hand in since
he became all-powerful at the county
building
On the morning of Tuesday, January
2, MIR. Margach duly qualified by taking
the oath of Office required by law. Moth
was done during the day. and it was not
even hinted that an effort would be made
to choose commissioner in the absence
of Mr.. McLain. After pretty nearly ev.
cry one had gone home, Tuesday even.
ing, Mr.. Dugald Campbell, ex-commis-
sioner OF the Second district, met in
regular session." as stated in Mr.. Arm
strong's minutes. After meeting in
regular session--"all alone by himself
the ex-commissioner vacated the chair to
the sure.enough. commissioner, and the
appointing board began its session. Now,
it happens that there are statutes govern
ing the action of appointing boards, and
section 1898 of the Compiled Laws says
that "When vacancy exists in the board
Of county commissioners it shall be the
duty of the remainings member or mem.
bers of said board, with the judge of the
probate court and county clerk, to imme-
diately appoint some suitable person to
fill such vacancy from the district where
the vacancy occurs. And, In case "a ma
JOrity of the officers before described do not
agree as to tile appointment of q person to
I'LL said uacq1cv, the county treasurer
shall be called in and shall act as an addi.
tional member of said board to fill said
uacancy"
1t will thus be seen, from the plain let.
ter Of the above-quoted law, that, first,
there could be no legal appointing board
without the presence of both Of the
commissioners lMargaoh and McLain);
aud that, second, even granting the legit-
imacy Of the board as constituted, when
two voted for Hasper and one for Fischer
they should have called in Lee, for the
law above quoted is mandatory where it
says that If majority of tha officers
above described do not hgree they shall
call the treasurer to act with them"
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