The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-02-02
DOWN COME SALARIES
Deer Lodge County REDUCED 10 the
Second Class.
THAT IS THE LAW OF 1T
a Saving of About Five Thousand
Dollars Year Effected to
the taxpayers BY
the Change.
sneclal Dlsnatch 70 the standard.

DEER LODGE, Feb. line county COM
missioners met in special session to-day.
The main question that came up was the
class ticatlon of the county. The law pro-
vides that all count :es having an assessed
valuation OF 100000 and over shall be
a county of the first class; all counties
with an assessed valuation of from 81 4000,-
90 to Ss, 100000 shall be county OF the
second class. and under $4,000 ,000 a county
of the third class. In cutting off Granite
county two years ago 1t reduced the valu-
alton of this county to that of a second
class county, little over S6,000,OO0.
The county officers have been drawing
first class salaries, Notwithstanding the
fact that the county was second class III
valuation, as tho law provides that no
officers salary shall be reduced while he
is in office, and the act dividing tho
county was passed after tho officers had
taken their respective Offices.
There was a diversity of opinion in re-
gard to the construction of tho law, many
claiming that it would require an act of
the legislature to reduce the county TO
that of the second class and accordingly
the county officials and their deputies all
put in their bills for first class salary but
tho board, acting under the advice of the
attorney general, reduced them as
follows:
Treasurer from $3.50 to 5000 per year.
Sheriff from 1000 to 5000.
The assessor remains the same as first
class, $3.50.
Clerk and recorder from $1,000 to $500.
County attorney from $500 to Sl,5OO
Superintendent of schools remains the
same, $i,2.0 per year.
Tho law also provides for reduction
| in the salary of the clerk OF the district
court from 5000 to 5000, but as the pres
ent clerk was elected for four years the
reduction will not be made until two years
hence.
| The following reductions were also
| made in the salaries of tho deputies:
Deputy sheriff from Sl,20) to 500, and
under sheriff from 81 500 to $500.
| The deputy treasurer will be discon-
tinued after March 4. The deputies of
tho clerk and recorder and deputy of the
clerk of the district court will receive
s, 200. the same as first class. The asses
sor will only be allowed deputies for five
months in the year, from March to
Aug. /.
Tho reduction will make a saving to the
county of over s., 900 each year.
The following is the opinion of Attor-
ney General II. J. Haskell on the subject
of classification:
| The act o. March 6. 1891, concerning compen-
| sation OF county, district and township officers,
| for the purpose OF liking the salaries OF the
| county officers, deSignates three classes OF
| counties in the state by declaring all counties
| whose assessed valuation Is Ss,O0000O or over
| are counties the lrsg-class. Counties having
| an assessed valuation Of Si,000,O00 and less than
| ss oODOOO are counties OF the secOnd-ciass.
| Counties having an assessed valuation OF less
than SlOOOOOO are counties OF the third-class.
| The law does not, within the letter thereof, nor
within its spirit or intention, declare that all
counties OF the hrst-class shall forever continue
as counties OF the nrst-c.ass, Notwithstanding
the operation OF the law, but leaves IL so that
counties may By conditions, crcum-
stances or operations OF law change from
one class 70 another whenever the
assessed valuation OF the county brings Il within
the puryiew OF either class. IL the rule were to
be contended for that all counties OF the first
class at the time OF the passage OF the act
should forever continue as counties OF the first
| class then the rule would apply with equal
force 10 counties Of the second and third class,
and counties that were in the second and third
| elias. nj the tlme OF tho approval OF the act
would forever remain IN that status. No act
could be construed whereby the construction
| would bo tenab.o that when county was once
! declared county of the first class it should Tor
| ever remain a county Of the first class. and that
"a county OF the second class might, By opera
| ton OF law, attain % a county OF the hrst cass.
| Such a construction would bo Inconsistent With
| Itself or iucOus lstent with the terms aud pro-
visions OF the act, because the construction that
| would forever retain counties OF the nrsl class
would absolutely establish the same rule for
counties OF the second and third class, and
/ thereby forever holl them bound by the same
| iumufable rules. regardless OF any action OF tue
board OF equalization in determining thc.r as.
| sessed Va ultlon or the operation OF laws subse-
! qucntly enacted.
The placing OF such q construction upon the
| provision OF tho law would make them 50 in
consistent with each other that aH benefits tha:
once accrued 20 officers at the time of the pas
sag, OF the law, should forever continue 20 theiI
: successors. Notwithstanding the fact tina. their
successors would not be affected by the change
In the valuation Under the constitution aud
the laws of tie state OF Montana, the board 81
: county commissioners sitting rs a board 81
equalization. and the state board OF equalization
annually determine the assessed valuation OF
, | each county Hence SO much OF the salary law.
. which qualify counties according 10 their as
sessed valuation. must Do construed In connec
ton with the act concerning revenue, approved
NIarca e. 1881 and the provision Of article co Of
the constitution. ~ the valuations IN each
county are changed from time 20 time, 50 10 The
severed counties change In the several caSses
according % the assessed valuation thereof
p ! proyded however. thai such change In the as
sessed valuation ~ the property In the counties
! | shall nor increase or diminish the salaries OF
D | eu5.umen- ur any county Onicer AFTER his elec
/ ton or apo nSmeaJ.
, As the assessed valuation OF the property il
= I a county is de.erm net by uNad and deuuIIt
. / rules OF law, E mus u' c1nee~ed that tless
, | rule, follow lr. ia coD,-ru.ug these phrases ol
| crms a, they APPEAR Ia tue acs uuuer con sid
!. upon it 10 tLa .i-u-lun and the revenue Law
above referred o.. would te aup-aa toN ln tht
81. Hry law. IL cannot De Sa'l tll- Z has Tar
Leul4r w auIu- ll t.c sa.aIs 4W AID 81 nera
a meaning lI Lgn revenue I.W, 1r tllt any par
tcu.aT ,.-ulG.aIca 0uua De- attached q Il n
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