The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1899-06-27
CAN'T ACCEPT OFFER
The County commissioners Must
Submit Court House Offer
to the Voters.
OPINION SUBMITTED
BY Attorney General NOlan-COm.
missiOMcrS Will Act on Prop
OSitiOn Next Wednesday.

One week from tomorrow the county
commissioners of Yellowstone county
will meet in special session to take ac-
tion on the court house proposition,
which has been treated at length in
The Gazette In order to ascertain If
the commissioners could accept Mr..
Yegens offer, as poted heretofore, for
the present court house and Jail and the
erection Of a new court house and Jail,
County Attorney Johnston addressed
the following letter to the attorney
general on the matter:
June 30, lS99.-Hon. G. B. Nolan,
Attorney General, Helena. Montana
Dear Sir: Mr.. Yegen has offered the
board of county commissioners of this
county $l5, 200 for our county Jail and
court house and block of ground free
for tho erection Of q new court house
and jail, on the condition that the
county erect a $4,000 court house and
Jail on the block of ground thus do
mated There is considerable difference
of opinion among the citizens Of this
city as to where the new court house
should be located, and, in the event
that the commissioners should decide to
accept Mr. Yegen's offer, it is quite
probable that the matter would got into
the courts. For this reason the COM
missioners are anxious to know that
whatever action they may take is legal
before attempting to proceed in this
matter, and they are therefore anxious
to have your opinion as to the legality
Of accepting the above proposition.
"I presume that under subdivision 10
of section 4230 Of the Political Code.
the old court house and Jail would have
to be sold at public auction, but that
would be only formal, as no other per.
son will make an offer equal to that
made by Mr.. Yegen.
LAS you will readily see, the real
question is whether the acceptance Of
said proposition would be mourning an
indebtedness or liability exceeding
$4,000 within the meaning Of section
Of article 13 of the constitution and
section 4l96 of the Political Code.
With the $4,000 received from Mr..
Yegen the county can build the court
house and jail with tho money now in
the treasury and to be raised by taxes
this year. No bonds would be issued
and the warrants to pay tor the con-
| struction would be paid as soon as
issued
1.-THE money paid for the old prop.
erty would have to be paid into the
treasury, and strictly within the letter
Of the law the contract for the c0nstruc
tion of a $4,000 court house and Jail
would be mourning liability exceed
ing $lO, 900, but it does not seem to
me that it would be violation Of the
spirit Of the law Or the intention Of the
legislature in limiting the power of
county commissioners to incur liza.
bility in the excess Of $40, ,OOO
IT have found no case exactly in
point, but cite Hotchkis vs.. Marion 10
Mont. Pages 2ls-223 - Hefferlin
VS.. Chambers l6 Mont. Pages $40,
Hoffman VS.. Board Of County Commits.
sioners, IS Mont. 224, with which
you are doubtless familiar and Hocka.
day vs.. Board Of County Commission
ers, (Colo) 26 Pacific 2S7-290.
1.-THE board will meet in special ses-.
sion to consider this proposition OH
July 5, at which time we should like
to have your opinion. Very truly
yours. W. NJ. Johnston.
The reply of the attorney general to
the above is as follows:
Helena, Mont. June 20. 1899. w.
M. Johnston, County Attorney, Bill.
ings, Mont. Dear Sir: Respecting
the matter of which you wrote in your
letter Of the goth, I have been looking
up the case to get light on the constitu.
tional provision that no county shall
incur any indebtedness or liability for
any single purpose to an amount OK.
ceeding $4,000 without the approval
of a majority Of the electors thereof,
voting at an election to be provided by
law. have reached the conclusion
that this provision of the constitution is
operative whether money ia in the
treasury or not. This constitutional
provision intends that no money shall
be expended for single purpose OK.
ceoding in amount $1,000 without So.
curing the assent of the people for such
an expenditure. The county commits.
sioners Of this county ara anxious to
build q bridge across the Missouri river
at Canyon Ferry, and BY increasing
the levy for bridge purposes this cur
rent year money sufficient In amount
would be collected to meet this expense.
II was by reason Of the inquiry ad.
dressed to mo az TO whether al amount