The Ravalli Republican., 1898-03-02
THE FULL TEXT
Of the Decision in the Case Of
the Commissioners.
Old Board Never Legally Elected.
Appointees May Hold Past
Elections.

Below will be found the full text Of
Judge Woody's recent decision in the
case Of the disputed claim to the Of
fees of county tycnmmissioners Of this
county. After rcciting the facts in
relation to the election Of the two
sets Of commissioners the Judge con-
tinues:
Upon the argument Of the de-
murrer in the case, the question was
raised whether the legislative as
sembly had the power to till the oi1i-
ces in Ravalli county at the time it
was created. and If so, for what term
did the county commissioners SO
named hold their office. Whether
the legislature had such power, l
believe it to be wholly immatcrial to
a proper decision Of this case. IT
the legislature had such power, then
the filling Of such Offices would have
been appointivc, and il it did not
possess such power, then the persons
SO named in the act creating said
county, having qualified as required
by law, and having assumed said
Office and discharged the duties
thereof, became and were coDlmls-
sioncrs de facto. For this reason
the question Of the power Of the
legislature to fill said Office will be
eliminated from this case. AS to
the term which said commissioners
SO named should have held, will be
further considered in this opinion.
The case as it now stands requires
answers to two questions:
First-Was there any authority OF
law for the election Of county COM
missioncrs at the general election in
1894? .-.". -a.....~
Second Was the election Of the
: REALTORS to this Office in 1896 author
! izcd by law? ..5-.".
These questions will be answered
in the order in which they are
stated. Section Of article IL Of the
constitution provides that sin each
| county there shall be elected three
county commissioners, whose term
Of Office shall be four years. a
: vacancy in the board Of county COM
: missioncrs shall be filled by appoint
S ment by the district judge OF the
] district in which the vacancy occurs. "
. The sixth subdivision of ordinance
!, two ~ provides for holding an cleo
tion on the first Tuesday in October
p 1889, for the election Of certain state
t officers, and the ninth subdivision 0
" the same ordinance provides 1la
= there shall be elected at the same
. time three county commissioners ant
u other county officers and provide:
&c that the terms of ot1ice'of the count.
:, officers to be So elected shall bcgi1
T. upon the admission Of the state ant
:, end upon the first Monday Of Jan
y uary, 1898, except the county treas
: urer, and also as to county commits
le siOncrs, whose terms are othcrWlS
IN provided for in this constitution
J.. The terms Of the commissioners be
- ING expressly fixed ut four years b
> section + Of article l6.
S, From the fact that the constitl
v, tiOn fixes the term of Office of count
=. commissioners at four years, an
then provides that the terms Of a
u other county officers elected on TIL
k. first Tuesday in October, 1889, slla
us expire on the first Monday OF jan
tn uarv, 1893, except the county trca
- urcr, whose term is fixed, and the
- cxcepts county commissioners by sa,
5 ing, "cxccpt rs to county comm
al siOncrs, whose terms are othcrW1'
is provided for in this constitution,
>, am constrained to believe that tt
trainers Of the constitution intcndt
Ss that the time for the election
it county commissioners in each and !;
an of the counties in the state should
vi. uniform. The terms of Office Of tt
county commissioners elected III o
ele tober 1889, would have commence
on the Sth day Of November, lSS
the day of tic admission Of I'll
state into the union, and Wou
have terminated on the Sth d
re- of November, 1893, SO the ne
yes election for the election OF cUun
raj commissioners should have been he
in November, 1892, and every 70
=, - years thereafter Support is Civ
she to this proposition by the fact tn
5hc section 5, OF article l6, of the &C
Ir stitution, which authorizes the boa
of- Of county commissioners to till Y
,,+ cancics in county Offices, provld
'''l that "thc appointec shall hold !
SET office untiI,thc next general clcctlor
der And section 4, Of the same artIc
1ad provides that "a vacancy in t
= ,f board Of county commissioners sh
be filed by appointment by the q
GUS trct Judge Of the district in WhI
AS the vacancy occurs,' no limit bel
ecr fixed as to what term the appontt
if shall hold, so | thing we may rcast
ably conclude that the intention
1918 the trainers Of the constitution v
an that the appointce should hold
the remainder Of the uncxplI
iar term. Section 81, OF article S,
Who the constitution, provides for a
rrv inc of vacancies occurring in all q
,:. ces, state, county and township,
wv cept that of county cOmnlsslone
me and provides further that "a pcrs
me- appointed to fill any such vacar
ans Shall hold his Office until the n
oco general election, and until his $
CO. cessor is elected and qualified.
of person elected to fill a vacancy Isl
the hold Office until the expiration
ms term for which the person he s
-