The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1901-01-03
LAWS THAT
ARE NEEDED.
Attorney-Genera1Nolan Makes
Suggestions
IN HIS LAST REPORT
To the Governor County Attorneys Also
See Things That Need
Fixing.


presented his annual report % Coy
ernor Smith, including in it detailed
reports on the law suits lie has tried
for the state during the last two
years as published from time to time
and a summary of the business of
the various county attorneys In
opening, Mr.. Nolan says:
"The volume of business of the
office is constantly increasing, and
the varied interests OF the state which
require attention demand a larger
force in this Office than is now sup
piled under the law. In commune
cation addressed to you, accompany
ing an estimate of appropriations
needful for this Office, l expressed my
views respecting the clerical needs
of this office. A repetition of those
views l deem in this communication
unnecessary, except to state in gen.
eral terms that the variety and char
acter of the business that requires at
tention from this Office calls for the
performance of labor that cannot
possibly be performed with the pres
ent force. Much of the time of the
executive head is consumed in atten-
dance at board meetings. The land
ed interests of the state have become
SO extensive that vast amount of
time is consumed in performing du-
ties belonging to that department.
An inspection of the report will sug-
gest the volume of the business that
requires attention in the supreme
court, and adding to this the multi
farious subjects that are submitted
by county commissioners and county
attorneys reasonably fair concep-
ton may be formed as to the justice
of the claim for additional help.
Some subjects call pressingly for
legislation at the forthcoming SEES
sion. By reason of changes in the
law, carelessly and loosely made,
there is at present in this state no
law which authorizes the laying out
of county roads. The code provis-
ions were ample for this purpose. The
fifth legislative assembly, however,
radically changed the code provisions
and imposed duties heretofore per.
formed by the board of county com.
missioners upon county surveyors. A
new method of procedure was pro
vided for at variance with the code
provisions, and in express terms the
code provisions We're repealed The
sixth legislative assembly repealed
the legislation of 1897 bodily without
method of procedure for lay
ing out roads. Probably &
belief existed on the part
of the legislative assembly that a re
peal of the 1897 law re-enacted the
code provisions which were repealed
by it. This belief, if it existed, wa.
without foundation, and in confiic
with express provisions of law pro
viding differently. AS matters nov
stand, there is no method prescribed
for the establishment or public high
ways.
THE school law is likewise in a cha
otto condition. AS the law now stands
no special levy can be made to mair
tain schools in districts where tn
regular levy is inadequate A la,
was in existence that provided 10
such a levy, and was resorted to i
many instances and for long pei
iod of time to supply the needfr
funds to maintain public schools. Til
supreme court has decided, however
that this law is uncomfortable b,
reason of its vagueness and indef
niteness. There is crying need fo
legislation to authorize school dis
tricts to make speciaY 1evies whe
the same are needed"
The laws regulating building an
loan associations is also declared t
need revision. Some are subject t
inspection by the state auditor, oil
ers by the state examiner and other
by commissioners. Mr.. Nolan pr,
poses general law applicable to a
such associations, but says that frol
the peculiar provisions of many law
organizations created under thel
are governed by them, and for til
benefit of the particular association
created under them, these laws al
kept in force. He condemns tn
state of affairs, and extends his stri
lures to corporation laws.
The legal provisions by which co
porations existing at the time til
codes were adopted We're given tt
privilege of operating either undo
the codes or under the preyior
laws is condemned as causing unce
tainty on matters affected by sue
double legislation. The same remar