The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1899-03-03
CONSTITUTIONAL Amendments Voted
on at the Last Election I'M
properly Submitted,
SAYS SUPREME COURT
Will Affect Decisions Rendered When
a Judge Was Called Up from
Lower Court.

The amendments to tha constitution
that were adopted at the last general
election were this week declared Of nc
effect By the supreme court. The .deci.
sion is based upon an ir%regularity in
the proceedings by which the amend
ments were submitted to the people,
and not the merits or form of the
amendments themselves. The text of
the amendments were as follows:
"Section 4. In each county there
shall be elected three county commits
sioners whose term Of Office shall be
four years; provided that the term of
Office Of those elected on November g..
1896, shall expire on the first Monday
in January, 1908; and provided fur
ther, that at the general election held
in November, 1909, one commissioner
shall be elected for a term Of two years
and two commissioners shall be elected
for a term Of four years, whose term CT
office shall begin N the said first Mon
day in January, 1903. A vacancy in
the board Of county commissioners shall
be filled by appointment by the judge
of the judicial district in which the va.
cancy occurs.
"Section 2. Section 5 of article VIII
shall be amended as follows: The su-
preme court shall consist Of three JUS
tees. a majority of whom shall be nee
essary to form a quorum OF pronounce
a decision, but one or more Of said JUS
tees may adjourn the court from day
to day, or to a day certain, and the leg
islative assembly shall have the power
to increase the number Of said justices
to not less nor more than five. In case
any Justice or justices of the supreme
court shall be in any way disqualified
to sit in a cause brought before such
court the remaining Justice O. justices
shall have power to call on one or more
OF the district judges Of this state as in
the particular case may be necessary to
constitute the full number of justices
of which the said court shall then be
composed, to sit with them on the hear
ing of said cause. In all cases where a
district judge is invited to sit and does
sit by this section provided, the deci-
sion and opinion of such district Judge
shall have the same force and effect in
any heard before the court as if
regularly participated in by a justice Of
the supreme court"
The question was raised by Col. w.
F. Sanders Monday at Helena in the
hearing Of an appeal from the district
court of Granite county in the suit of
F. NJ. Durfee against. j.. I'll. Harper.
The suit grew out Of a mining stock
transaction. Chief Justice Brantly,
who was then on the district bench in
Granite county, tried the case and
found for the plaintiff. Harper took an
appeal and it was i'll the hearing Of the
appeal that the constitutionality of the
constitutional amendment providing for
calling in a district judge to take the
place of a disqualified supreme court
judge was called in question.
Chief Justice Brantly being disquali-
fed, Judge Frank Henry was invited
up from Livingston to take his place,
and was present to do SO. Colonel
Sanders raised objection, not because he
was opposed to Judge Henry's presence
on the bench in the hearing, but SO as
to avoid the necessity of another hear
ing, which would result in the event of
a future ruling that the amendment re-
ferred to had not been constitutionalIy
adopted.
AS soon as the point was raised Chef
Justice Brantly decided that it was
we'll taken. He said that on the init
of the attorneys that the point
woulcd be raised, he had given it care
full consideration for two days and was
satisfied the amendment had not been
constitutionally adopted. {
The appeal was then submitted to
Hunt and Pigott.
The constitutional amendment relat- +,
ing to the election of county commits
stands in exactly the same posi- {
ton as does the one relating to the SUI 8
GENE court and the same decision ,
it out also. ,
The terms of the present county COM :
of Yellowstone county expire =
December, 1901, and an entire new .
will have to be elected at the .
general election in 1900. 9