The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-10-26
NOT ENTITLED TO SEATS
NO VACANCY FOR THE COMMISSION.
ERs ELECTED LAST FALL.
Attorney General Nolan Gives m Opin.
ION oa the Mix tp In Granite
County -Four Year Term.
Special Dispatch To IN. STANDARD.

Special Dispatch To the Standard.
Phllipsburg Oct. 2a-Tho question ns
10 whether the present board of county
commissioners would hold over Tor an
other year. or II IN. board .lcctcl last
November would he entitled Ia ueats this
fan. ls long been nrsnei IN this cour-
~ Several parsons have already cir
culat'd petitions 10 Judge Rrantly. pray
ing for an appointment to iii the va
cnncy caused by the removal Of Commits
slonrr-clcct u. ~. Dunshe-. but who.
cons ldsring n letter from the attorney
general to County Clerk and Recorder
Daniel Arms. viii probably De somewhat
disappointed ns will also the commis-
si0ncrs elected last fall. Mr.. Nolans
opinion Is as follows:
your favor of the 10Th ts M hand
The county commissioners elected last
fal In your county are not entitled to
their seats next November. The election
Of county commissioners In your county
lest November waa Unauthorized by law
and those who received the majority of
the votes do not sccur" amy rights there
by 10 hold office. Al ~" time ~ the
adoption OF tn" constitution an ur,linanc.
was also adopted providing for mn oloc-
ton 10 be held throughout the territory
ufl illf iiff1 ! lNtNflhN ~ 'NltU " lNNfi fffF
the ratification or rejection of tho consit-
tuition. nnd also providing for the cl"c-
tion of the different officers named IN sub
division . of this ordinance.
I'm This subdivision u WAS provided
that the terms of office for the above
named officers should begin upon the adj
rassipn Of the state and end upon the
first Monday In January. A. u. iS,l. ox-
c,pt ms - county treasurer. whose term
nf office should begin ON the first Mon
day of March succeeding his election, and
oud uu the lirzt Monday In March, 4. -.
lVas aud also NJ 20 county commission
prs. Whusc terms are othrrwis" provided
f0r IN this constitution. Tho only provis-
ior Ia the constitution respecting county
commissioners was that IN which there
should b. elected thrr" county commis-
siuu"rs whose term ~ office should be-
four years
1T viii De srru. thrn that under The
provision ~ "a" constitution and urli-
nnnro supra. the county commissioners
elected at the first election entered upon
th, performance nf their duties upon
IN. admission of tho state which was
tho sth OF November aud held for tho
term ~ four years IN all Of the counties
IN existence M the tine Of IN" adoption
~ tho constitution the commissioners
clcrtcd last fall entered upon the per-
formnncD pf their duties on IN" Ih NJ
SoVcinhSr u H.. however entirely dlftcr-
cut with new counties created IN 'H3 I'm
~ ease of Granite r0unty IN" law pro-
y,iiur fdr tho creation of tho county
rrIut.i ihr imIsF'un"rs nu1 provided
that th'y should hold their Office until
ur.r tur urst general oioctiuu. A. the
election N,Id iu lsHt comm s.'nurrs were.
elected Who. under 'h prov siou- OF law
applicable, entered uron IA" Performance
~ their duil,s on ir' first Monday IN
January 1886 lnd Nh" torn or their ~
fco WIS fixed by tIr constitution At four
years. So thdt in your county th" com
mlssipusrs who wur. elected M th~ ian
~ ls14 and qualified ON thu nrst Monday
~ January, isil would hold untl ~. nr@t
Monday in January iso. This being so
and u ernorll rlrct0u taking place In
ci"scr prox nifty 10 tho first Of January,
ls,D. than thBi of vrgr ago. IN" election
Of rnunty oommi ssionors ior ,our county
io spcc,rd thosc 900 0'lcr should take
place n,Nt fsu rather than last tJtl