The Ravalli Republican., 1898-03-02

tiun relative to the office OF county
commissioner finds support from the
fact that the code commissioners, in
compliance with the code Of 1895, in
order to carry out the provisions OF
the constitution touching this qucs-
ton, adopted the construction OF ar
tclc 16, section 4, and the other
section quoted supra, and now adopt
ed by this court, by adopting or in
scrting in the political code, section .
1912, which reads as follows; when
ever Il vacancy occurs in the board OF
county commissioners, from failure
to elect or otherwise, the district
Judge or judges in whose district the
vacancy occurs must fill the vacancy
By appointing for the uncXplrcd term
some qualified clcctor Of the county
in which, the vacancy occurs" /"
The legislative assembly of 1895
seems to have adopted the same con-
struction Of the constitution relative
to the Office Of county commissioner,
from the fact that the report OF the
the code commissioners which con-
taincd section 42l2 Of the political
code, wasaMcltcd and became law.
Therefore the court holds that
the term for which the county COM
missioners were elected was four
wears, neither more nor less. That
the first term commenced on the Sth
| day Of November, 1897. Illat these
terms were general and uniform
throughout all the counties Of the
state. That this term OF Office
applied as well to new counties as to
old ones. That in 4 new county
created after a current term had
commenced to run, the persons APP
pointed to fill the Offices Of county
commissioners would hold their
Offices Tor the remainder Of the uncX-
pircd current term. Rayalli county
was created and came into existence
on the lst day of April, 1893. IL
tic county had been created without
the act creating it naming the per
sons to fill the Offices Of county com
missoncrs, there certainly would
have been a vacancy which the dis
trct Judge Of the district in which
the county was situated could have
filled bv appointment, and such ap-
pointees Wu> Id have held for the re-
mainder of the then current term.
to-wit., to November s, 1893. And
as Il new current term would have
commenced on Nov. S, 1898, and as
, no election could have been held un
TIL November, 1896, it would have
been the duty Of the district judge
to have filed the vacancies for such
, term. If the legislature had th'
!, power to appoint "a question tina
, this court does not undertake to de
cidc), certainly it's appointccs wouo
stand on the same footing us the ap
. pointces OF the district Judge.
+ The county of Ravalli having bee
t. created on April l, 1893, came int
c existence during the current teri
I which commenced Nov. s, 1889, ant
$ expired Nov. s, 1893, and the person:
y named by the legislature in the &C
II creating said county became count
d commissioners Gf the legislature ha'
l. the power to appolnt), and shoul
j. have held their office until Nov,
3 1893. when their term Of office Woul
&c have expired 'by limitation, bccaus
!. article IL, section +, supra, provide
J. that county commissioners Shall llol
" their Office for four years, and nc
= until their successors are clcctcd':2l1
T. qualified. If the legislature had n
" power to appoint them, then the
ii ucc anne and were officers dc faCtO.
II AS the law stood in 1892, and no
In Al nf
III missioncrs takes place one year prie
n to the time that their term Of otfk
s. commences, and for the term con
N mcncing Nov s, 1898, and endin
v NOV. s, 1897, the election Of con
s. missioncrs occurred in Novcmbc
sc 1892, and before the creation Of L,
! vall county. Defendants claim tn;
ne the persons named as cummissiOnc
ed in the act creating Ravalli count
OF held under the legislative appoin
Ill mcnt until the general election
be 1891, and that defendants were thu
he elected for a term Of four years,
,c until November s, 1898. ! do n
cd think this position is tcnablc, and
g. cannot be upheld by the courts u
he less they 60 into the business Of lc
I'D islation. y general election hayil
uy been held in all Of the counties
KIT the state in 1892 for the election
ty county commissioners for Il term
Id four years, no election could be he
,ur in any county Of the state for t
en- election Of county commissions
lat until November, 1896, when the &C
IN crul election for that purpose "
,rd held and the clatOrs were elected.
"a | am clearly Of the opinion TIL
les no legal election could have be
his held in 1894, in Ravalli county.
T." the election Of county commissions
lie, / am also Of the opinion that |
,hc persons who acted as county co
al missioncrs in said county from Nc
lis S, 1893 to No,' $, 1894, did 50 vii
i:h out being elected or appointed, a
inc therefore were only county comm
ccs sionerS dc factO and not dc jurc.
on AS no election could have lcya
Of been held in said county in 1894
vas the election Of county commissions
for when defendants claim to have be
red elected, then said defendants W.
of never elected to said office, and tt
fill in holding said Office ever since S;
)tli- alleged election in 1894, and up
cX- the present time, they have h