The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-02-19
WITHOUT AUTHORITY
Mr.. Moan Says the Ravalli County
Commissioners Acted Hastily.
COUNTY TREASURERS' CASE
A Lengthy Opinion In Which the
Attorney General Reviews the
Controversy Between Mr..
Squlres and Mr.. Dowling.
Special Dispatch to the standard.

Helena, Feb. N.-The controversy be-
tween the county board of commission
ers Of Ravalli county and j. X. Squires,
who was elected county treasurer. is
settled So far as Il can be out Of court
providing the board of commissioners
accept Attorney General e. Il. Nolan's
Interpretation OF the law. Mr. Squires
was elected treasurer by the democrats
ana populists of the county, defeating
John Bowling, the present incumbent,
who ran on the republican ticket Al
though elected by a decided majority
Mr Squires, the board ruled, was dis
qualified from acting as treasurer for
the alleged reason that he did not quail
ny in time. The political code requires
newly elected officers To file their oaths
OF Office and bonds within 10 DAYS after
receiving notice of their election. MIR.
Squires was unable To secure bonds In
that Time. although hc filed the oath of
Office before the 10 days had passed. lie
afterwards filed the bond hut the re-
publican board Of commissioners de-
clared the office of treasurer vacant,
and appointed Mr.. Bowling To the office.
rms. the attorney general says. was
without authority. In an opinion ad-
dressed To Fred Wehr. chairman of the
board, MIR. Nolan holds that the action
OF the board In declaring a vacancy was
without authority. that the law pro-
Niding for the filing of bonds IL direct
ory and that Mr.. Spures is entitled To
the possession of the office. Attorney
General Nolan's opinion follows:
Dear Sir-lour favor of the 10th of
February accompanying copy of reso-
luton referred To in said letter. came
duly To hand. and would have been
answered before now were ID not that
the questions involved were Of such a
character that thorough investigation
OF them was deemed advisable before
the rendition of any opinion upon them.
IF ] understand the question cor
rectly, MIR. j. X. Squires was elected To
the Office of county treasurer of Ravalli
county. I'm November last: that John
Bowling was and now Is the incumbent
OF the office. being elected thereto two
years ago, and ran again for the office
last fall and was defeated at the polls
by Mr. Squires: that Mr.. Sluires within
ten days after notification of his elec-
tion filed his oath of office and did not
file his official bond until February 10th.
1887; that some time after the lapse of
more than ten days after MIR. Squires
had received notification Of his election
the board of county commissioners of
Ravalli county met and declared va
cancy in the office of county treasurer
and appointed to I'LL that vacancy the
present incumbent. John bowling, his
term Ia commence March LIST 1897: that
John Bowling upon receiving this ap-
pointment, and pursuant tn the require
ments of the code provisions. qualified
In the discussion and consideration
OF this proposition IL Is desirable at the
outset To call your attention to the
provisions of the constitution and the
codes, which have a bearing upon this
question. Section :, article XVI of the
constitution IL as follows: There shall
he elected in each county the following
one county treasurer Pro-
vided that no person shall hold the Of
lice OF county treasurer for more than
two consecutive terms Persons
elected to the different offices named in
this section shall hold their respective
Offices for the term of two years and
until their successors are elected and
qualified. Vacancies In all county.
township and precinct offices
shall he filled by appointment hy the
board OF county commissioners and the
appointee shall hold his Office until the
next general election"
Section 1912 Of the political code reads:
Whenever "A different time Is not pre-
scribed by law. the oath OF office must
he taken, subscribed and filed within
ten days after the officer has notice of
his election or appointment, or before
the expiration Of fifteen days from the
commencement of his term of Office
when no such notice has been given"
Section 1860 OF the political code
reads: Every official bond must he
filed in the proper office within the time
prescribed for filing the oath unless
otherwise expressly provided by stat
ute"
Section 1l0l Of the political code
reads: AN office becomes vacant on
the happening of either of the follow
ing events before the expiration Of the
term: subdivision ~ his refusal or
neglect to file his official oath or bond
within the time prescribed"
The code provisions above referred to
are explicit enough. and considered by
themselves would absolutely preclude
Mr.. Squires from entering upon the dis
charge of his duties under the facts in
the case Eliminating for the present
from our consideration the constitu-
tl0nal provision above referred To. the
construction Of those sections of the
code, supra, have been considered by
different courts as To whether they are
mandatory or directory. The supreme
court of California holds that those Sec
tions are mandatory, and that the fall
Ure Of the officer tu qualify within the
time prescribed ipso fscto creates va
Cancy. but In Washington the same
sections have been under consideration
by the supreme court Of that state. and
II is held there that these sections are
directory. and that the failure on the
part OF the officer to comply with the
law within the time designated does
not create "A vacancy. and that the va
cancy is only created when the body
charged with authority To make the
appointment acts IN the premises and
declares that the vacancy exists
Whether the vacancy is ipso facto crc-
ated by the failure of the officer To- COM
ply with the law or whether the va
cancy occurs when the proper body has
So declared becomes question OF
trifing importance, providing the COM
missioneTs under the provisions ~ the
constitution above referred to were au-
ihur.Lcd to declare a vacancy i'm the
o'iir" OF treasurer and in the way in
which they did.
ordinance No. adopted 10y the con-
sftutional convention provided that
th.r,. should he elected on the first
Tuesday In October. 1889. one county
treasurer whose office should begin on
th- first Monday in March succeeding
his election and end on the first Mon
day ~ March, 1898. And in the election
HID tWo years ago last fall a treasurer
was elected in that county whose term
OF Office commenced on the FIRST Mon