The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-19

and the one which has given us the
most serious trouble and concern Is as
to the power of the legislative assembly
to MI the Offices Professionally In a
county created by that body. by nam
ing the respective officers In the act
itself.
The district court did not pass upon
this question. saying it was unneces-
sary in its view of other legal ques-
lions involved. But the question Is pre-
scented i'm both briefs. and we think IL
the pivotal one presented for determi-
nation"
After an exhaustive discussion of the
points at issue the court holds that the
appointment Of such officers by the leg
islative assembly is legal. the appoint
mepts to hold until the next general
~election: that there does not appear
any good reason why county commits
sioners in all counties should be elect
ed in the same rear. that no good can
come to the state from such a prac-
tice and no harm result IL a new county
should elect its commissioners at a diff
ferent time from the old counties.
The court reaches these conclusions
in the following language: The con-
tention that the original commissioners
of the county and their immediate sue
cessors (Mayhew. Fredericks and
Wehr) were and are filling out an unex-
pired term or vacancy, Is, we think.
untenable. We are unable to find any
support of the theory that by the terms
of the spirit of the constitution, com
missioners should always be elected in
all the counties. old and new. at the
same time. and that time four years
from the date of the adoption of the
constitution. We see no valid reason
for the construction Of the constitution
in this respect. What good can come
to the state or any part or IL from
having commissioners elected through
out the state at the same time? What
harm can result IL a new county sha
elect its commissioners at a different
time h that at which h old coun-
ties elect? Nor can we agree with
counsel that there were vacancies in
any Of the offices of the county at and
Immediately after the date when the
act took effect creating Ravalli county.
The same law that created the county
and its several Offices named or y
pointed the incumbent for each office.
The moment the office was actually Gre
ated there stood the officer to qualify
and take possession. 1t Is not report
ed that there were n derelicts. III
any officers named had failed to quail
~, then there would have been a va
cancy.
I'VE think, therefore. that the legis-
lature had the power to fill Professionally
the offices created by the act organizing
Ravalli county Dy naming the SeNeTdi
officers In the act. including commits
sioners and that the commissioners so
named in the act held for the time pre-
scribed In the act. and that at the end
Of that time. to-wit. at the next gen
eral election thereafter. 1t was lawful
and proper under the constitution to
elect their successors, who would be
entitled to hold their Offices for four
years, the term for which commissions
ers hold Office under the constitution.
from the time of their qualification. To
hold otherwise o be to hold the
act creating Ravalli county u%nconsti-
tutional and void in part. We may mo-
rightfully do so II we can consistently
find support in the fundamental law OF
the state for such legislative action.
We think the conclusions we have
reached well supported by authority
and reason. and believe II will produc"
beneficial results in the state. The
Judgment OF the district court appealed
from Is reversed, n the cause re-
manded with direction to enter judg-
ment In favor OF the ~fenda to the
effect that they are entitled to the
offices of county commissioners in Ra-
Will county