The Philipsburg mail. [volume] (Philipsburg, Mont.) 1887-current, 1897-10-29
THEY HOLD OVER
The Present Board of County Commits
sioners Remain in Office
UNTIL FIRST OF JANUARY, 1899
So Says Attorney General Nolan in an
Opinion Rendered Last Monday.
The Opinion in Full.

1t now seems quite probable that
there will be no change in the person
nel of Granite county's board of COM
missioners until a year from the first
of next January at lesat the attorney
general is of that opinion, and the
common explanation which he
advances for arriviug at snch couclu
sion makes it clear to everyone that
the men who were to have been elected
to the office last fall are not entitled
to seats. 3. H. Dunshee. David W.
Hennessy and James McDonel received
the largest numhor OF votes for the
commissioners Office at the election
last November i"nd it was presumed
they would take their seats to succeed
E. l. Holland Valentine Jacky and
Benz. Pier on the Sth Of next month.
The latter named gentlemen have not
questioned the right of those elected
to take their seats, but as the same
conditions as exits in this county pre-
walls also in Flathead. Ravalli, Teton
and Valley counties the attorney gen
eral was called upon for an opinion,
which is here given as contained III
a letter addressed to Clerk and Re-
COrder Arms:
Your favor of the 10Th is at hand
The county commissioners elected last
fail in yOur county are not entitled to
their seats next November. The eleo-
tiOn of county commissioners in your
county last November was uuauthor-
ixcd by law and those who received the
maioritv of the votes do not secure
any rights thereby to hold Office. At
the time of the adoption of the cOnsti-
tntion all ordinance was also adopted
providing for an election to be held
throughout the territory on the first
Tuesday in October. 1883, for the rat
itication OF rejection Of the cOnstitu-
tiOn, and also providing for the cleo
tion of the different officers named III
sub b-division 9 of this ordinance.
''In this subdivision it was pro-
vjdad that the terms Of Office for the
above-namcd officers should begin
upon the admission of the state and
end upon the first Monday IN January,
A D. 1893, except as to county treas
urer, whose term of office should begin
on the first Monday in March. A.
ID. 1858 and also as to county commits
sioners, whose terms are otherwise
provided for i'll this constitution The
only provision in the constitution re-
specting county commissioners was
that in which there should be elected
three comfy commissioners, whose
term Of Office should be four years.
cit will be seen then that under the
provision of the constitution and or
dance, supra, the county commission
ers elected at the first election entered
upon the performance Of their duties
upon the admission of the state, which
was the Sth of November. and held
for the term of four yeras. In all of
the counties in existence at the time Of
the adoption of the constitution the
commissioners elected last fall entered
upon the performance of their duties
on the 8th of November 1t is, how
ever, entirely diherer with new coun-
ties created in 1898. IN the case of
Granite county the law providing for
the creation of the county named the
commissioners and provided that they
should hold their Office until after the
next general election. At the election
who, under the provisions of law ap-
plicable entered upon the performance
of their duties on the first Monday in
January. 1895. and the term of their
office was fixed by the constitution at
four years, SO that in your county the
commissioners who We're elected in
the fall of 1894 and qualified on the
first Monday of January, 1895. This
being so. and general election taking
place in closer proximity to the first
of January, 1899, than that of year
ago, the election of county commits
sloners for your county to succeed
those in office should take place next
| fall rather than last fall.
It is now understood that a test case
will be made by those who supposed
they We're elected last fall, but it is
the popular opinion that the decision
of the attorney general will be endorsed
| by the supreme court.
THE ANDEST RFMEDV