The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-11
WILL IGNORE THE LAW
The Road Supervisor Act Con-
sidered Unconstitutional.
THE LAW is AMBIGUOUS
County Attorney Connolly Gives His
opinion to the County Commits
sioners-They Will Follow
the Old Law.

| The county commissioners decided
to ignore the new road law and con-
t1nue to follow the provisions of the old
| law, by which the county remains as
one road district, and the surveyor has
control of all road building and super
vision The action of the commissioners
was taken after receiving an opinion
from County Attorney Connolly trans
hitting the attorney generals opinion
| holding that the new law was unconsti-
tutional Referring to General Nolan's
opinion Mr.. Connolly said: THE views
therein expressed appear to be sub
stantially those I have already ex-
pressed to the board, and / submit that
the law appears to be so ambiguous in
it's entirety as to be incapable of en-
forcement"
In his opinion on the new law the at
| torney general says
After careful consideration of the
provisions of substitute for house bill
No. 5. entitled An act to provide for
| the election of road supervisors. to de-
| line and regulate their powers and du-
| tleS, TO Tx their compensation, and to
| repeal an act entitled An act to define
| the powers and duties of county super
VlSOrs and provide for their c1mpensa-
| ton. and to abolish the office of road
| supervisor approved March 4, 1891" l
am of the opinion that, in so far as the
| Dill in question attempts to affect the
| county surveyors of the different coun-
| ties now in office, it is unconstitutional
The legislature two years ago passed
| law defining the powers and duties of
| county surveyors and providing for
| their compensation, and abolshing the
| office of road supervisor. This law con-
| ferred authority on the county survey
| or to divide the county into road dis
| tTicts, and to take charge of the high
ways in this county: to keep them in re-
| pair, to clean them from Instructions
| and also charged him with the duty of
| grading banks, causing bridges and
| causeWays to be made, and, in fact.
| conferred upon him authority to do ev-
erything necessary and needful to keep
the highways of the county passable
| and in state of repair This law like
| wise provided that he should receive as
| compensation for the performance of
his duties the sum of S. per day pro-
| Vided that at such rate of Compensa-
| ton maximum figure on classical
| ton of counties would not be exceeded
| Two years ago. in the consideration
of this law, it was serious matter for
determination as to whether it was not
unconstitutional in that it increased the
| compensation of the office Of the county
| surveyor during his term of office. /
| reached the conclusion that it was not
| antagonistic to the constitution in this
| respect: that the legislature in imposing
those duties upon the county surveyor
| was not increasing the duties Of the
| office of county surveyor as such, but
was imposing upon that officer duties
| distinct and separate from that of coun-
| ty surveyor and that in thus imposing
| duties foreign to the office of county
surveyor it was within the authority of
the legislative power to describe COM
| pensatiOn for duties thus performed
| The law of 1897 was in force when the
| county surveyors were elected last fall
and was in force when they entered
upon the performance of their duties
the first Monday in March Of this year
! 1t is idle to discuss that the effect of
this Law is to diminish the compensation
of the office of county surveyor. Every
| duty devolving upon him under the law
of 1897 by this legislation of this year he
! is relieved of. When he entered upon
| the performance of his duties the first
| Monday in January he had supervision
| of the county roads, and in the exercise
of that provision he received per diem
| compensation. By this law now under
| consideration he is Invested of that su-
| pervision, and receives no compensation
| whatever for duties connected with the
| public roads. Undoubtedly without
constitutional prohibitions the legisla-
ture would have the right to pass laws
of this kind. A public office confers no
vested right. and it has been repeatedly
held that, without constitutional pro-
visions preventing legislative interfer-
ence with public office, the incumbent Of
a public office has no right which a leg
iSlatiVe assembly is bound to respect
The office can be abolished the term can
be shortened. the compensation can be
regulated to the pleasure or displeasure
of the incumbent in fact, the control
of the Legislature except restrained by
constitutional provisions is absolute
without respect to offices within its
reach
An inspection of the various provis-
ions of our constitution germane to the
question under consideration removes
doubt as to the right of the legislature
to enact a law such as is now under
consideration affecting. as it does. the
county surveyors now holding office.
AS expressive of constitutional intent,
the following provisions of the constitu-
ton for general purposes might be re-
ferred to:
The legislative assembly shall not
pass local or special laws in any of the
following enumerated cases; that is to
fees, perQuisites or allowances of pub
lie officers. tArtice ". section 26)
mo bill shall be passed giving any
extra compensation to any public Off
Ger. servant or employe, agent of con-
tractor, after service shall have been
rendered of contract made, nor provid-
| ing for the payment of any claim
against the state without previous au-
| thority of law. except as may be other
| wise provided herein. (Article v, sec
| ton 20
The compensation enumerated of the
| governor, secretary of state, state aud
tor and superintendent of public in
| struction shall be in full for all services
| of said officers respectively rendered in
any official capacity or employment
whatever during their respective terms
| of office, and the salary Of no official
| shall be increased during his term of
| office. (Article VII, section ~
THE justices of the supreme court