The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-13
ANAC ONDA NE VS..
TWO OPINIONS SENT IN
Hold That the Appointment of a
County Auditor Is Illegal.
MONTHLY BILLS AUDITED
County commissioners Put In a Busy Day.
Warrants Cancelled-Many Archi-
tects Busy on Their Plans. Which
Will Be Examined To-Day.

The county commissioners met yes
terday in special session and put in the
day auditing bills. Yesterday was the
date set for the purpose of receiving
the plans of the architects who desire
to bid o the new court house. The
office of Mr.. Martin, the county clerk,
was kept open till late last night In
order that all the architects might get
their plans in. The plans Will be eX-
amined by the board to-day.
David Walker, h was appointed
county auditor a short time ago, filed
his bond yesterday, but so far it has
not been approved, and according to
all Indications. Deer Lodge county will
get along without an auditor. State
Examiner John G.. Morony and County
Attorney Trippet both sent in opinions
i'm regard to the authorship. The note
of Mr.. Morony Is as follows:
Office of State Examiner for Mon-
tana, April IL, 1S9S-To the Honorable
Board of County Commissioners of
Deer Lodge County. Montana-Gentle-
men: Concerning the office of county
auditor of Deer Lodge county, lately
created by your honorable board, this
office would respectfully submit the fol-
lowing:
Under the provisions of section 1912
of the political code, an act of the
Fourth legislative assembly, which l
am informed by Attorney General Mo-
Ian. is the law now in effect, no county
under the third class is entitled to a
county auditor.
Therefore If the view of the law,
taken by Attorney Genera Nolan and
myself is correct, no county auditor is
provided for by law in Deer Lodge
county.
1 understand the board have appoint
ed such an officer, beginning with this
date, would therefore suggest the ad-
visibility of getting an opinion from
the county attorney as to his construc-
ton of the statute.
This communication is sent your hon.
orable board with the view and under
the opinion hat such a course might
save complications, and that your APP
pointee might not be running the risk
of entering and continuing in the dis
charge of his duties without a chance
of getting his salary.
Should the county attorney hold that
the county was not entitled to a county
auditir, | presume the board would not
disregard the opinion, and If he old
to the contrary, the matter can be
tested in court. Respectfully submit
ted, JOHN G.. MORONY,
State Examiner.
County Attorney Trippet's opinion Is
as follows:
Anaconda, Mont, April IL, 1S9S.-To
the Board of County Commissioners of
Deer Lodge County, Mont.-Gentlemen:
My attention has just been called to
section 1912 of the political code, as
bearing upon the question whether or
not this county is entitled to an audi
tor. This section was passed in 1895,
and will prevail yer any other sections
in our code relating to the question as
to what counties are entitled to an au-
ditor. BY this section counties of the
fourth, fifth. sixth. seventh and eighth
class are not entitled to an auditor, and
this county, being a county of the fifth
class, is not therefore entitled to an
auditor.
In all the discussion bearing upon
this question. l confess l had not here
tofore seen this section. until called to
my attention by job Morony, state
examiner. this morning. This section
is not indexed under the title auditor
and Judge Woody must have over.
looked tin fact he so informed me-
when he held that Missoula county was
entitled to an auditor. 1t settles the
question that this county is not entitled
to an auditor. Respectfully,
w. II. TRIPPET.
County Attorney.
Upon the receipt of these two com
m~unications, the board decided to le'
h matter rest until to-day. when 4
is understood, an order will be mad,
revoking the appointment.
The commissioners yesterday ordered
h cancellation of county warrant.
which have not been called for for on,
year. The amount represented by tn,
cancelled warrants is $61.70. Amons
the bills ordered paid was that of $50
for rent of the city hall. The boarc
will meet again at 10 o'clock this morn