The Kalispell bee. [volume] (Kalispell, Mont.) 1901-1901, 1901-06-26
MAJORITY OF THE
VOTES DULY CAST
Sufficient to Authorize the Issuance
of the Bonds.

When special election is held to
secure the expression of the people
upon an increase Of debt, or any other
matter, the question is decided by
majority of those voting at such cleo
ton, unless the provision is made that
majority of all those entitled to
vote is needed to decide
This is the opinion rendered by H.
D. Moore, assistant attorney general,
in passing upon query submitted by
w. II. Griffin, chairman of the board
of county commissioners of Flathead
county. About a dozen authorities are
cited in support of the position taken
by the state official, and the details
are thoroughly discussed.
Mr.. Griffin asked for an opinion be-
cause a question had been raised as
to the legality of a recent issue of
$4,000 in bonds by Flathead county.
the money realized by them to be
used in the construction of a new
court house and county JAIL The in
quirer was in doubt whether ma
jority of qualified voters was requir-
ed, or only majority of those who
cast ballots in that particular cleo.
ton. There was also doubt as to
whether the majority of electors vot-
ing at the general election was re.
quired.
"The first question for considera
ton in this matter isl says Mr. Moore,
docs the constitution authorize such
a loan? An inspection of section 5,
| article 10, will show that the closing
paragraph reads: No county shall in
cur any Indebtedness or liability for
any single purpose to an amount ex.
ceeding $4,000 without the approval
of a majority of the electors thereof
voting at an election provided by
law
THE primary purpose in submit
ting question to the electors to be
determined by them at an election is.
to limit the act or acts of the officers
who are authorized to enforce the
law; or in other words, that, when the
people of a state, county, or other mu-
nicipalty are to have put upon them
a greater amount of taxation or in
debtedness than is authorized by the
general laws of the state, electors
must be given an opportunity to ex-
press their free will on the PROPOSE
ton before any Indebtedness can be
imposed upon them beyond that ex-
pressly provided by the constitution
and the statute.
consulting section 4.27O and the
subsequent sections, it would seem
that if it could be said that these sec
lions would authorize special cleo
ton for the purpose of voting upon
bonds, then the objection raised to the
construction that put upon the lam
guage of the constitution could not
be maintained, because, in that event,
it would mean majority of those vot-
ing at the special election for a par
ticular purpose. l cannot find any
thing in the constitution that would
prohibit the board of county commits
sioners from calling a special cleo.
ton to vote bonds.
Section 4273 provides that there
must be written or printed on the pal
lot the words for the loan and
against the Loan and in voting the
elector must vote for the proposition
as he prefers it by making an X oppo-
site the proposition.
IF this constitutional provision and
section 427O meant that the loan
should receive majority of all the
votes cast at general election for
other than the proposition herein
mentioned. as suggested in one of
the opinions above quoted, it would
not be necessary to have the ballot so
written as indicated in section 4273.
IF it meant that silence upon the
i n A.