The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-01
AFFIRMS THE DECISION
The Old School Board Is Finally
Knocked Out.
BY THE SUPREME COURT
The Case Was Taken to Helena on an
Appeal From the Decision Of Judge
Clancy-The Opinion Is by
the Whole Court.

heienaM arch A--The supreme court
this afternoon handed down an opinion
in the case of Edwin Bray. o. j. McCon-
nell and r. f.. Curtis. REALTORS and appel
lants. vs. Joseph v. Long. John b. Fred
eric and Michael Burke. defendants and
respondents. This was a quo warranto
proceeding Instituted In the district court
of Silver Bow county by Bray. McCon-
nell and Curtis. who claim to be the le-
gally elected chool trustees of school
district No. 1. I'm Silver Bow county,
Butte.
The matter was recently decided by
Judge Clancy i'm favor of the present
board. Bray, Mcconnell and Curtis APP
pealed and to-day's opinion resulted. The
supreme cour afiirms the decision OF
Judge Clancy. The court declined TO pass
upon the question at this time whether
the term of a school trustee is three years
or two years.
The opinion. which is by the whole
court. announces that owing to the pres
sure of time 1t is obliged to briefly review
the several points raised by the appel
lants. The opinion Is divided into eight
parts. each one of which discusses the
ground of unconstitutionality urged
against the bill.
First-The court holds hat the bill does
not break or destroy the system and uni
iOTinltN Ituulttu Dl the COISlllullOD loT
the establishment and maintenance of a
uniform school system of public schools.
1t is said that there is no restriction upon
the right of the legislature TO classify
school districts for urpos of election OF
trustees with relation to population so
long as the law passed makes a reasona-
bic classification and is reasonable and
inform in its operation and effect upon
all districts within such classifications
tnada II iG also hold that the uniformity
and thoroughness of a system of public
schools is not interfered with by provid-
ing for a general and reasonable method
of election of trustees, even If the meth
DDS of election vary according to the
number of inhabitants In the several dis
tricts.
second-The law is held not to be local
or special. TIL court says: 1T is not local.
for 1t may and does apply to any or all
school districts of certain populations
within the state: it is not special, because
II applies without discrimination to all
districts within any of the several clas-
sifications made 1t is held that the
method of supervision of elections, which
differs In different districts of different
classes. does not interfere with the sys-
TEN i'm respect to the common schools.
Third-As to the title of the bill amend
ing sections 1.T70 and 1.7S2, inclusive, 1t is
decided that the omission to specifically
enumerate the sections, which are Diain-
ly covered by the word inclusive is not
fatal TO the bill. mo one could misunder-
stand the title or be misled by the words
of IT.. IL fairly apprised one of the subject
of the legislation
Fourth-It is next held that the clauses
relating to registration are not u%nconsti-
tutional. and that when the several pro-
visions of the law are construed together
they do not conflict with the constitu-
ton.
Fifth-The court expressly refuses at
this time to decide whether the term of
office of a school trustee is three or two
years. saying that at some future time
that question may directly arise, when it
viii be passed on; but il is held that even
II the term cannot run three years, but
does run for two years only. the whole
law cannot be overthrow. as the part
which fixes the term for three years is
severable from the rest of the law and
win be construed with relation to the lin
itation of the constitution.
Sixth-The point that the emoluments of
the school trustees who had held over are
increased by the bill. and that, therefore.
the law is unconstitutional. is held not
well taken.
Seventh-It is also decided that there
was no prevention of the exercise of the
right of suffrage at the election in Butte
last year. Inc court says tnat Ine ldClli-
ties for voting appear TO have been some
what inadequate. but that because the
voters were nconvenienced to some ex-
tent IL cannot hold the law unconstitu-
tional.
~Eighth-The last point urged was that
the legislative journal omitted to show
afirmatively that the presiding officers
in the legislatures had signed the bill. The
court says that the enrolled bill bears
the signatures of such presiding officers,
and that it is not averred that the bill
was not as a fact signed by such presid-
ing officers. THE presumption says the
court. lis that the legislature and the offi-
GERS thereof did their duty and that the
enrolled bill was regularly passed. This
presumption Is strong. and Is INDUCED in
by the judicial branch of the government
as necessary to the peace and good order
of the state" The court holds that an
omission i'm the legislative journal to af-
firmatively show that an act was done
which ought to nave been done by the
rule of the constitution prescribing the
observance OF a form of proceeding by
the legislature cannot overcome the pre-
sumption attendant upon the regularly
enrolled bill. All other objections to the
constitutionality of the law are disposed
of as being within the principles discussed
in the opinion. The judgment Is affirmed.