The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-01-06
IT'S A QUESTION OF PAY
Some MiSSOula People Trying 10 Find
Ont Where They Are Al.
IS THERE TO BE AN AUDITOR
The Prospective Deputy Sheriffs
May Need the Aid of the Courts
TO Decide What Salary
They Shall Draw.

AiIssoULA, Jan. 5.-There seems 10 be
considerable uncertainty as TO whether or
not the newly-elected county auditor Will
be allowed TO take his seat, as Missoula
county, since the segregation OF kavalh
and Flathead. has become n second-class
county. and, as such, is not entitled, ac-
cordinC 10 the evident intent OF the law.
20 an auditor, that officer being considered
n luxury to which only first-ciass counties
are entitled. There is, however, some pc
culiarity in the wording of the act OF
the legislature creating tho Office
of auditor which. il is claimed by some
lawyers, will permit Mr.. Hamilton TO take
and hold his seat as auditor, despite the
fact that Mlssoula is now n second-class
county. Tho act entitled IAN Act to Gre
ate the Office of County Auditor" passed
in 1891, reads in part rs follows;
BE 10 Enacted by the Legislature AssembtBof nc
State Of Montana:
sfcrIoN1 That the Office of county auditor
is hereby created. and the same shall exist In
all counties In the state OF Montana which now
have or those which may hereafter acquire a
tota assessment OF not less than SS,OOO,00O ana
the government shall, within co days after the
massage OF this act appoint some male person
possessing the qualifications hereinafter pre-
scribed, in each aud every county having the
necessary valuation. to serve rs county auditor
IN the county for which he may be appointed
until the first Monday in January, A. ID. 1893,
and until his successor is elected and quallhed.
Sec .. There shall he elected in and Tor eacn
county having the necessary assessable yalua-
ton as hereinbefOre stated, at the general cleo
ton to be held In November. 1892, and quairien-
niaIy thereafter, some male person 10 serve as
county aud tor ot the county for winch ne snail
be elected for the term OF four years and until
his su cessor shall. be elected and qualified, the
term to begin on the first Monday In January
succeeding his election. No person shall DO
eligibl, to the Office OF county auditor OF any
county within the state who shall not have ar
rived at the age OF twenty ne years and who
shall not have been, for at least two years next
preceding his election, a bona hde resident OF
:he county for which no shall be elected or
appointed.
Tue clause in section 1, upon which the
friends of tho auditor base their claims is
in the opening sentence, where it reads,
sthe same shall exist in oil counties IN
the State of Montana, which now havo or
in those which may hereafter acquire
total assessment of not less than eight
million dollars This sentence makes
no provision for a county which shall drop
from the first into the second class,
although il is held that tho evident intent
of the law is that only first class counties
shall indulge in tho possession of an
auditor. Tho provision of this act, which
makes the term of office of the auditor
four years, was declared unconstitutional
by the supreme court, and the term of the
auditor is now two years, that being the
limit fixed by the constitution. 1t is
probable that the supreme court may have
an opportunity 10 decide upon the ques
ton rs TO whether Missoula county. hav.
ins once had an auditor. is still entitled
TO have one now that il has become a sec.
ond class county.
Another question, important TO those
interested, is whether or not the deputy
sheriff shall receive the same compensa
ton under the coming administration as
they have under the previous ones, When
Missoula was a iirst-class county. The
salaries of the deputy sheriiIs are fixed by
law at n maximum of 81, 200 in first-class
counties and not 10 exceed 500 In second
class counties. Tho undersherir of q
flrst-class county receives S25 q month
more than the same officer IN n second
class county. The prospective deputie:
under Sherifi-elect Mclaughlin claim
that, il the auditor is allowed TO take his
seat, they will DO entitled TO the salary oil
the officers of first-class county. If tho
auditor is not seated, they will probably
decide TO DO content with 5000 per year
Tho settlement of this question Is looked
for with much interest by at least three
men in the county, who will be seriously
affected by H.