The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-16
He DIFFERS WITH NOLAN
Gormley Holds the Road Law to
Be Constitutional.
He GIVES HIS OPINION
Not Clear That the Compensation of the
Surveyor Would BE Diminished.
He Advises the Election
OF Supervisors.

Great Falls, March IA. c. GGrm-
ley. the county attorney, does not agree
with Attorney General Nolan as to the
constitutonality of the road supervis-
or law passed by the Sixth legislative
assembly. He has sent a written opin-
ion to the board of county commission
ers in which he advises them to pro-
coed with the election of the supervis-
ors under the law. In part he says:
1T is not plain to me that the recent
act of the legislatu in taking away
from the county surveyor the manage
ment of the roads of the county would
reduce the compensation of that Off
Ger below the amount that he would
be entitled to as above stated. 1t is
certain that the recent act was not
passed for the purpose of affecting his
compensation, and l would not feel JUS
titled in advising that the law is I'M
constitutional where it is not perfectly
clear that the compensation of that
officer would be diminished. The du-
ties that naturally belong to the office
of county surveyor, and which were the
only duties required of that officer I'M
til the act of two years ago was passed,
still remain, and he will continue to
receive for the discharge of these du
ties the compensation hitherto fixed by
law In this connection it is important
to bear in mind also that the duties
which the last legislature takes away
from the county surveyor are not du-
ties that naturally pertain to that Of
fee, but are duties of a different kind
which were adopted by special stat
ute, The legislature undoubtedly has
the right to take these duties away
from the nd
them upon any officer. The duties
which are taken away are not constitu-
tional duties, but are duties which have
been created by the Legislature, and the
courts have frequently held that the
legislature possesses the power to al
ter or abridge the term Of an officer of
purely legislative creation or to take
away from the officer duties that the
legislature alone has created"
In conclusion Mr.. Gornley says:
Il, therefore, believe that it is the
duty of the county commissioners to
comply with the law dividing the coun-
ty into as many road districts as. in
their judgment, will best conserve the
public good, and appoint road super
visor for each road district. I think
also that it would be a performance
of your duty to make provision as the
law directs fer the election of road su-
pervisors at the time school trustees
are next elected, nut While 1t is my
opinion that it would be your duty,
we might make the suggestion that be-
cause of the opinion Of the attorney
general, and because of the probable
ity that this question will be brought
before the courts for settlement, it
might save some confusion if no pro-
vision was made for the election at
this time. leaving the supervisors ap-
pointed by you to remain in office until
the election next year, their term TO
terminate sooner, of course, in the
event that this act should be held in
valid by the courts.
II might add that I am more con-
strained in announcing the views set
forth in this opinion because of the
fact, as'I understand it, that the coun-
ty surveyor of this county is not lis
posed to regard this law as unconsti-.
tutional. but is inclined to follow it and
thereby no longer perform the duties
that this law takes away. This is all
the more reason why your board should
endeavor to carry out the provisions of
the new law and thus make it GER
tain that the road interests of the
county shall not be neglected"