The Ravalli Republican., 1898-04-20
OLD OFFICERS WIN.
Supreme Court Decides Old Board Of
Commissioners Entitled to Office.

Helena, April lS.-The supreme
court yesterday decided that the leg
islature has the authority to appoint
professionally officers Of newly
created county. and in doing SO set
tied a outstanding question inyolv
ing the title Of commissioners to
office in the counties created since
1893. The question came up from
the district court Of Ravalli county,
where Attorney General Nolan re-
Gently appeared for the old board,
the members OF which were made de-
PENDANTS in an action brought by j.
T.. Williams and others who were
elected to the board in 1896, and who
sought to secure the office. The
question had previously been passed
upon by Judge Brantlcy in a proceed
ing involving the Office Of county
comm ssioners, who held that the
ncwly-elected commissioners were en-
titled to the office. The decision
of the supreme court yesterday acted
as a reversal, practically, in both
cases.
The question treated by Chief
.Justic. Pemberton for the court as
being the pivotal one around
which the case hinges, although
the district court did not pass
upon the question, saying that "it
was unnecessary in it's view Of the
other legal questions involved" was
whether or not the legislative assem-
bly, has the power to fill county offices
professionally when creating a new
county 1t is held that this can be
done; that the creation Of a new
county means something more than
the mere defining Of its boundaries.
"a local government must be pro-
vided," says the chief justice, "and
the creation Of the county is not ac-
com nlplished until both these things
nave been cone" 1t certainly seems
that something more than laying
out the buundarle; and naming the
offices is necessary to be done before
it can be trnthfully said that coun-
ty has been created. Such 4 creature
would be lifcless and useless thing
until inspired with motion and
power and means to act in fulfilling
the purpose Of it's creation. When
it is said that county has been
created, it is, and ought certainly to
be. understood that Il municipality
has been organized with power and
means to aid tue state in administer
ing it's political affairs and in pro-
noting the welfare OF the people
|
wealth."
Among other things, Judge
Woody laid it down that all commits
sioners are required by thc constitu-
tion to be elected every four years,
commencing the year OF the adnis-
sion Of the state: that this rule
would have to be followed by the
new counties as well as the old ones:
and that, therefore, when a new
county is about to elect it's commits
sioners, it must 90 back to the date
uf admission OF the state into the
union and count four years forward,
then four years more and SO on tC
determine whether the time had
arrived for such election: that the
appointments made by the legisla-
ture when creating Rayalli county
would in reality be filling Il vacancy
which existed at the time of the
creation Of the county or an "un~
expired tern>' of the commissioners
which would have been elected at
the regular elected for commission
ers, Nov. s, 1892, had Ravalli county
been in existence at that time. 1t
was held, in short, that no election
for commissioners could legally occur
until the general election in No
VEN bcr, 1896, when the plaintiffs ir
this case were elected. Judge Penn
bertun, in answer TO this contention
says: .-... z...
"We are unable to End any sup
port for the theory that by the
terms or spirit Of the constitution
commissioners should always bt
elected in all the counties, old anC
new, at the same time. :and that
time every four years from the date
Of the adoption Of the constitution
We see no valid reason for such con
struction Of the constitution in thi.
respect. What good can come to tht
state, or any part of it, for having
commissioners elected Throughout
the state at the same time? Wha
harm can result if a new count,
shall elect it's commissioners at );
different time than that at which
the old counties elect? Nor can W,
agree with counsel that there wer,
vacancies in any OF the county office
in the cuuEtv at and immediatel,
after the date when the act tool
effect creating Ravalli county. Th'
same law that created the county
and it's several offices named or ap
pointed the incumbent for eacl
office. The moment the Office wa
actually created there stood tn
; officer to qualify and take possession
1t was not reported that there were
any derelicts. 1t any officers nance
had refused or failed to qualify thcI
there would have been vacancy.
"The judgment Of the distric'
court appealed from is reversed ant
the cause remanded with directions
to enter Judgment in favor Of tht
defendants to the effect that they
are entitled to the offices Of count,
commissioners Of Rayalli county,
Labor Day Handicap.
Anaconda is to have a bio racing