The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-24

or the deaf, dumb and blind asylum.
Section $3.50 should be repealed as be
ing In conflict with Section 1880. the
former providing for the deaf and dumb
school to be known as The State Deaf
and Dumb Asylum" and Section 1850
provides that IL should be known rs
The Montana Deaf and Dumb Asy-
lum-"
Sections 2.sss to 400 inclusive should
De repealed as being provided for In
Sections 1850 to 1855 inclusive. the for
ner sections providing for the his
torical society OF the state of Montana
and the latter for the state library
complete. Sections arse. 2,753 and 2.75i
require amending in that Sections 2.7b2
and 2,75S apparently relate TO the same
matter of the board of county commits
sioners appointing viewers for the OPP
ening of new roads. but provide differ
ent methods. Section 2.754 provides for
certain officers to serve such warrants
as provided for in the preceding sec
ton, when, as fact, the preceding sec
tfon provides for no warrants at all.
Sections ALSO to 2.s01 inclusive are IN
conflict with Section 2.s4o. ct seq. the
former sections providing that private
roads. toll roads and bridges are to be
authorized and constructed. the latter
section prohibiting the commissioner
authorizing toll roads and bridges and
declaring all contracts between the
commissioners and any person author
izfng the collection of tolls as being
null and void.
Section 2,7Ss refers in its provisions to
title is. compiled statutes of Montana,
which title. together with the entire
compiled statutes, has been repealed.
The subject treated of being that OF
eminent domain, 1t IL evident that the
reference should be to Sections 2.210 ct
seq. code of civil procedure. Sections
"A
viding for the disposition of the pro-
ceeds of the sale of state lands for edu-
catfonal purposes. one section providing
for the investment IN state and county
warrants and the other section making
no provisions therefor. Sections 1910
to 4.0S3 inclusive are the sections re-
ferring to the amount and collection OF
license, the constitutdonality of which
has been questioned and which were
first brought to public attention by the
Standard.
Section 4.o42 provides the form of
general index to be kept by the clerk Of
the district court and subdivision OF
Section 4.440 provides for the same
book. with different headings.
Sections 1850 and following sections
provide for a county auditor and pre-
scribe his duties. The original draft OF
the code carried throughout the idea
that the county auditors ONCE should
be abolished and hence in all its pro-
visions relating to county officers their
duties are prescribed with the one idea
that other officers save the county au-
dftor should perform the duty devolv-
ing upon him, under the statutes.
Hence. in the duties of the commits
sioners and other county officers, there
are provisions which conflict with the
duties of the county auditor. These
sections should all be amended so as to
Ia. -.
In counties where an auditor Is permit
ted by the statute. namely: First.
second and third class counties.
Section 1854 provides for the sheriff
receiving actual expenses for convey
ing person under arrest, and Section
4,60i provides that he shall receive 10
cents per mile. Subdivision Ga of Sec
ton 1880 has two provisions relative to
cities contracting Indebtedness. which
are conflicting. and one or the other
should be repealed Sections ASH TO
4.S41 inclusive are the sections contain
ting the provisions for special taxes and
the payment of damages relative OF the
grade of streets and other principal
improvements, and are the sections
stances they referred to sections of the
compiled laws which have been re-
pealed, and In some instances are con-
ficting with Sections 4,SS2 to 1900 In
elusive. There are the sections which
City Attorney Hamilton called the at
tention of the city council to in an
opinion in which he said IT was almost
impossible to tell what the provisions
of the code were as to the subject of
special assessments and how they were
to be levied.
Besides the errors and conflicts men
toned above there are unquestlonably
many other sections and provisions OF
the political code that might be inn
proved.