The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-08-12
PRETTY KETTLE OF FISH
Montana Now Served by Two
State Land Agents.
PAGE STICKS TO HIS DESK
Attorney General Nolan Says There Is
No Vacancy-The Board Should
Act Upon the Resignation
Both Have Attorneys.

Helena, Aug. Ito all effects and
purposes Montana now has two state
land agents. James M. Page. who was
appointed land agent by Governor
Richards. refuses to turn over the Of
flee To Henry Neill. who was appointed
by Governor Smith Monday to succeed
him. and Mr.. Nelll. who took posses
sion of the Office the same day he re-
bulge an inch from his appointed
place. For two days both land agents
have occupied the same Office. Mr..
Page having possession OF the land
agents desk and MIR. Neill using that
of the superintendent OF public lnstruc-
tion, who Is out of the city.
Mr.. Neill win take possession OF the
desk tomorrow without even a pro-
test, as Mr.. Page left tonight for the
northern part of the state ostensibly
on business connected with the land
department. Mr.. Page says that he Is
willing to turn the Office over TO any
legally qualified successor. but declines
to recognise Mr.. Neill as such. He
Gays that he will hold on to the office
men are secure.
When Mr.. Page arrived home yes
terday from KaiispelI after receiving
notice that his resignation had been
accepted by the governcr and found the
new appointee In possession. he asked
Attorney General Nolan what to do
ABOUT IL. Tne attorney general TINS
afternoon advised him to continue In
the Office and rendered an opinion. In
which he characterized Mr.. Neill as a
usurper. He said that in his opinion
there would De no vacancy uh.iI the
poard, ana not tne soVernor' nau ac,e9
upon the resighation oi Mr. rag, anu
not tneh u the poaru Shose not 70 az
cept tne resisha.on. MT. Nen 70 n
sell actihs on the auNice oi a'.oInSys
ana say ne aoes NOT propose 10 rein
quisn the Once unless .ne cours NY
cioe ne must. a.ornsy 1ens'ai w
lans opihion auN,sihs Mr. I"se " IN III
tinue 10 act as iahd agent III as io'-
lows: .,
we VIII CONSIDER tne quesuon ns.
,nso,aI as tne appoInt.n. Y, ,.se...,,
NeIi 's concerne" ahu .ne au..oi'
Nesteo IN MN w resson y. sun ~
pon,hheh., anu WI, .neh So"e'as,
reiauon you SUSAN W 'ns o'n.e
oecion =. Arre'e @ vi VIZ eo"s.,eu-
tiun, prov,ues INA. ..e sup,ene eAe
uuve power ol .ne sts'e snan y. s.s.sa .sa
IN .ne so'ernp,, i.u wno a,, snan sse 'h"' 'ne
iews ~ is''niuS eAe, -, ~, -.
secuVn .. saint ar,Ie', ine soasr-
nor snan nou'naW anu Wy anu WIZ, W.,
mt cohsen. vi .ne se"a.e appylm. al
omcers Wnose ohices are es'aphsh heu
py .nls Ions,a,u'on, hm ,au or h mm,eh n, may oe
cIea.eu oy law anu "nose appo'n'
Niueu ior.
III uuiins Itcess vi ,ne sehaee a
vacancy occurs III any such onhce, tne
governor snaii appoint some u. person
70 uiscnarse .ne uu.es .heIeoi unu'
.ne nex. Ihee.'ns VI .he sena.e' nem e,
ne shaa hoihiha'e SUITE persoh =" HI
sucn once'
sectioh ., srticie III vi he eohstitu-
tion says. Inc governor superihtehu
ent Oh p9ohc Instruc,lon, secIetary vi
s.a,e anu attorney eehetai, shan con
s..u,e. tne sta'e noaru ol iahu , con!n,s-
s'oners whisn snaii nase .,e u'ree .'on,
control, leasing ana saie Oh the schooi
ianus oi the STATE.
section iioa oi the pohueal coue
Wnen any onice osconies vaeah. anu
no mode IS PROVIDED oy law Tor niiing
such vacancy .he governor must MI
such vacancy py granting commis-
SION 10 expire al ,ne end OF the next
IesisiatNe assehipy, or at inc next
eisction oy tne people. e.,
Sec'ioh iioo, 'acahcies occurring IN
omce ourlng the recess OF tne Iegisia-
i've assembly 'he appointment 10
Wnicn IN 'es'eu in the RoNernor ana
senate, OF III tne ieeisIat'Ne assembly,
must De nieu py appointment maue oy
the governor put the person SO ap-
POINTED can only nold tne once until
the adjournment OF the next session OF
the legislature.
section 1913 OF Inc political code:
'Tho governor Is president or the board
ana the superintendent oil, public In
struction IL the secretary and the
meetings may be regulated by such
rules as the board adopts.
Section 34l OF the political code. be-
Ing section OF an article providing for
the mode Of election or appointment
and term OF ONCE or civil executive Of
hcers, provides: The state land agent
is appointed by the governor with the
consent OF the state board of land CON-
missioners. and holds his office during
the pleasure OF the board
sections 40. Al. Az and 73 OF the
political code range themselves under
article Of said code. having to do ex-
pressly with the Office Of state land
agent
Section 40: The governor, with the
consent OF the state board Of land COM
missioners, must appoint a state land
agent. who shall hold his Office at the
pleasure OF the board