Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1896-02-06
DECISION IN FULL.
Jndge Du8ose's Decision in the School Case


Az stated last week the court has
finally settled the school district
dispute declaring the action of Supt.
MOulton i'm appointing four addi-
tional trustees invalid. Following
is the text of the decision:
In the district court of the Tenth
judicial district of the state of Mon
tana i'm and for the county OF Fer
gus.
S. HI. Sherwood, w. ii. Culver and
w. Z. Cort, plaintiffs, VS.. II. A.
MOulton, as county superintendent
of public schools of Fergus county,
Montana, Defendant,
This Is an action tn determine the
legality of the appointment, by the
defendant as County Superintendent
of Public Schools of Fergus County,
Montana, of four additional trustees
for School District No. 1. of said
county.
1t is submitted to the court upon
an agreed statement of facts. From
the state the following facts appear,
which it is necessary for the Court to
state. for a proper understanding OF
the opinion:
1. That the defendant was, on the
2lst day of August, 1888, and now is
the duly elected, qualified and acting
superintendent of public schools OF
Fergus county, Montana.
.. That the plaintiffs i'm this suit
were, on the 2lst day Of August, 1898,
and now are, duly appointed trustees
of school district No. l of said county.
3. That on the 2lst day OF August
1895, the defendant, as County Super
intendent of schools. appointed David
Hilger. Mrs. " NJ. Erickson, w. +
Hanson and Samuel Phillips, as trus
tees of said school district. i'm order
to make the number of trustees seven
the number provided for under Sec
ton I111 OF the Political Code a
Montana.
1. That school district No. |. on th'
2lst day of August, 1885, contained ;
DOpulatloH oi oNtr oilt tHousuHu.
There are other matters i'm the stip
ulation. which have nothing to d,
with the determination of this ease
therefore the Court will not encumbe
the opinion by stating them.
The whole question to be deter
mined is this: Did the Superintend
ent of Public Schools, the defender
i'm this action, have power to appoin
four additional trustees i'm order t.
make the number of trustees seven
the number provided in Section La
of the Political Code of Montana.
Section iii OF the Political Code q
Montana reads as follows: 'In dis
tricts, cities or towns having n popu
lation of five hundred and less thai
one thousand, the number of trustee
shall be five; i'm districts. cities q
towns having a population of on
thousand or more, the number q
trustees shall be seven; and the trus
tees i'm Office at the time of the adop
ton of this title. continue so to hol,
for the term of three years from tn
third Saturday of the month of Apr
i'm the year in which they were elected
and at all subsequent elections, tw,
or three trustees. as the case may be
J must be elected"
/
that section III is unconstitutiona
for the reason that it provides tina
trustees elected shall hold their Offic
for more than two years. They rel
upon article XVI, section 6, of til
Constitution of Montana, which say
that the Legislative assembly ma
provide for the election or appoint
ment of such OthercOunty, township
precinct and municipal officers a
public convenience may require, an
their term of office shall he prescribe
by law, i'm no case to exceed tw
years, except as i'm the Constitutio
otherwise provided
To refute this contention of plaiI
] tiffs' counsel, it is only necessary t
l quote the constitution itself, for n
one can maintain that school trui
tee lis either a county, townshis, pr
cinct or municipal officer. One migl
as we'll designate n road supervisor
.lcounty, township, precinct ar nun
, cipal officer. County, township, pr
cinct or municipality are technic;
words, and have well-defined meal
ings i'm the law, and they are entirel
different from a school district.
The next question to consider
whether or not the superintendeI
had the power to appoint these fot
b additional trustees, and whether {
not section III contemplated ths
he should appoint. In the court
opinion il is very clear that sectio
III of the Political Code never co
templated that the superintendei