The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-17
LAVISH NEED OF CHANGE
Hon. Allan R. Joy Says There Must Be
an Ezra legislative Session
NO MATTER WHAT IT COSTS
Judge Henry Thinks the LegIsla-
ture Has Been Performing Du-
ties Which the statutes Do
Not impose Upon 1t.

Special Correspondence Of the STANDARD.
LIVINGSTON, March 16.-Rspresentative
Allan II. Joy returned to-day from a trip
to Big Timber, where he had been looking
after his town lots. He stated TO the
STANDARDS correspondent that the eX-
egencies OF the situation demand an ex-
ira session of the legislature and that he
believed Governor Richards would issue n
proclamation convening the Fourth legis-
lative assembly in extraordinary session
the last of July or the first of August for
the purpose of having some needed
amendments made to the new code and
to the general appropriation bill. Mr.
Joy says there are matters of great inn
port that demand an extra session of the
legislature and that they outweigh in i'm
portance any consideration that may be
given to the extra expense connected
with a special session. He is of the opin-
ion that the extra session, if called,
should not be of shorter duration than 20
days.
Referring to the report that he con-
templated removing TO California to To-
cate, he said that the rumor had no foun-
dalton, in fact Montana, he says, is good
enough for him. lie is thinking, how
ever. of leaving Livingston and locating
in Butte for the future practice of law.
Judge Frank Henry has been looking
up the question as to the power of the
legislature TO designate who shall be OFF,
GERS OF a new county, and has come to the
conclusion that the constitution of the
state. instead of delegating this authority
to the legislature, makes il incumbent
upon the district judge. having within his
judicial district any newly created county,
to appoint the county commissioners, who
ID. Al.
ficials. This opinion is shared by At
torDey General Haskell and all the Living
ston lawyers. The state constitution says
that the legislature shall not pass any
special act regulating county affairs. The
creation of a new county is n special act,
and Judge Henry holds that for the legis-
lature TO appoint county officials would
be TO regulate county affairs. In order to
avoid any legal complications that might
arise from the action of the legislature in
naming officers for the new counties Gre
ated out OF portions of Park county,
Judge Henry has appointed board of
commissioners for Sweet Grass county,
and before tho Carbon county bill takes
effect. which will be on May /, he will an
point a board of comm ssloners for that
county. In appointing the commissions
ers for Sweet Grass county he selected
the same men named in the bill. the np-
poiniment being made by virtue of the
provision OF the constitution, which says:
I'm each county there shall be elected
three county commissioners, whose term
of Office shall he four years. A vacancy
in the board of county commissioners
shall be filed by appointment by the dis
trict judge of the district in which the va
cancy occurs"
The constitution also provides that
there shall he elected in each county the
following officers:
Vacancies m all county, township and
precinct offices, except that OF county
commissioners, snail be filled by appoint-
ment by the board OF county commits
sloners."
In accordance with this provision the
commissioners of Swee; Grass county. nj
their first regular quarterly session in Big
Timber yesterday, appointed officials for
the new county, selecting all the men
named IN the bill. Having now been
twice appointed 10 their respective posi-
lions, the new county officials of Sweet
Grass county consider themselves pretty |
hrmiy seated IN their respective posi- |
tions.
Under the provisions of the senate bill |
passed by the leg stature ut the last DAVIS |
session, rearranging the Sixth, Seventh |
and Ninth judicial districts, Meagher
county is taken from Park and attached
TO Gallatin, and Carbon county is taken
from Yellowstone and attached TO Park.
Tor Judicial purposes. This gives Judge
Frank Henry of this city the Counties of /
Park, Sweet Grass and Carbon To look al
ter IN judicial way. while Judge ARM
strong OF BOzeman will attend to the in.