The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-06-25
TUESDAY, JUNE rs, 1901.
U HOUSE N

TUESDAY,, JUNE 20, 70
COURT HOUSE BONDS.
The attorney generals Office has
ruled on the question of the validity
Of. a bond issue voted upon at a gen
eral election, and which issue received
a majority Of the votes cast on the
proposition. The case in question was
submitted from Flathead county and
is exactly the same as that existing in
this county.
Last fall the voters of the county
were called upon to give voice to the
matter Of voting bonds in the sum of
$4,000 for the purpose Of building a
court house. The proposition received
a majority of all the votes cast on the
question of issuing the bonds, but not
a majority of all the votes cast at the
election. Owing to the wording of the
constitution in reference to the ques-
ton Of voting bonds, which says: mo
county shall incur any Indebtedness
or liability for any single purpose to
an amount exceeding $4,000 without
the approval of a majority of the
electors thereof, voting at an election
provided by law" The commissioners
were in doubt as to their right to pro
coed in the premises and submitted
the matter to the attorney general
for his opinion. Last Friday Assis-
tant Attorney General Moore gave out
the opinion of the Office. The opinion
is quite lengthy and in arriving at it
the assistant attorney general exam
ined many authorities bearing on the
question and from the preponderance
of opinions arrived at the conclusion
that the issue was legally carried and
$50 decided. He holds that the word
majority" has reference to those vot-
ing on the bond proposition and not
the entire number of votes cast at
the election.
In holding to this opinion the attor-
ney generals Office takes the same
view of the question as has been
taken by The Gazette in the matter
OF the bond issue voted upon in this
county and for the same purpose as
that submitted to the voters Of Flat
head county, although both the attor-
ney general and The Gazette in so
holding 60 contrary to a decision rem
dered by Judge Loud of this district
in which the same question was in
volved. the case by him decided. be-
ing an issueof bonds for the purposeof
constructing a bridge in this county.
The attitude taken by The Gazette
is well known, this newspaper main
tanning that the question should be
considerde the same as any other
the law declares shall be decided by
a majority, regardless of the major
ity of the actual vote cast at the
election at which the matter in issue
was one of the considerations left to
the choice of the voters.
The decision of the attorney gen.
erals Office is based upon pretty
much the same line Of argument and
in addition covers many other points
not mentioned at the time The Ca
zette gave its opinion. For the sake
of making clear the manner in which
the attorney general arrived at his
conclusion a portion of the opinion
is hereby reproduced. Mr.. Moore
says:
"The question arises as to whether
the word majority OF the electors
as such election means a majority
of the number Of the electors voting
at the general election or applies to
those voting upon the proposition.
Il have examined this question
with considerable care and am of
the opinion that the latter interpre-
tation and the law carries.
sit seems to me that the language
of the constitution means that a ma
jority of the electors thereof, voting
at an election to be provided by law.
is the Judgment of the electors as
as expressed by their action at the
polls. To enforce this provision of
the constitution the legislature Of
this state has enacted as a part of
the political code, Article w.. enti.
tied, Question of raising money to
be submitted to q vote
"The primary purpose in submit
ting a question to the electors to be
determined by them at an election
is, to limit the act OF acts Of the Of
1icers who are authorized to enforce
that law; OF, in other words, that
when the people OF q state. county
or other municipality are to have pull
upon them q greater amount Of taxa