The Kalispell bee. [volume] (Kalispell, Mont.) 1901-1901, 1901-07-19
LAW ACCORDING TO DONOVAN.
Says Commissioners Must Look After
Roads When Trustees Cannot

Says Commissioners Must Look After
Roads When Trustees Cannot
Be Had.
The most important opinion hand
ed down in long time by the attor-
ney generals Office was given today
to the county clerk of this county.
says a Helena dispatch to the Tri-
bune. The opinion is not only of
great Importance to this county. but
| also to every county in the state. I'm
der the new road law the county COM
missioners have. been unsuccessful
in getting trustees to serve in the
different road district. Realizing
that something must be done, the
county clerk was directed to ask the
attorney general if the commissioners
themselves could not take care of the
roads if they found it impossible to
get the road trustees. Mr.. Donovan
in the opinion handed down today
says they can This is the opinion:
Il am in receipt of your commune
cation on behalf of the board of coun-
ty commissioners of Lewis and Clarke
county, in which you state that they
will be unable to secure persons to
serve on the different boards of trus-
tees of the several road districts un-
der provisions of senate bill No. 20
of the Seventh legislative assembly,
and that they desire my opinion as to
whether or not there is any law aside
from the above senate bill which
they can apply and thus take care of
the county roads.
I'm reply thereto would say that
under the constitution and laws of the
state of Montana, the board of coun-
ty commissioners in their executive
capacity are vested with the general
powers necessary for the administra-
ton of county affairs.
Section 1920 of the Political Code.
subdivision %, gives them full power
to represent the county and have the
care of the county property and the
management of the business and con-
Germs of the county in all cases where
no other provision is made by law.
Subdivision rs states they have to
perform all other acts and things nee
essary by law not in this title enumer-
ated, on which may be necessary to
the full discharge of the duties of the
chief executive authority of the
county government.
while it is true that the legisla-
ture has made provisions by senate
bill No. 70 for the management of the
affairs of the several roads districts
by boards of trustees. and there is
no doubt but what the board of coun-
ty commissioners should use every
effort to carry out such law by the ap-
pointment of such trustees, yet if it is
wholly impossible to find persons who
are qualified and willing to serve, then
it becomes clearly the duty of the
county commissioners, under their
general powers, to administer the af-
fairs of said road districts until they
are able to find qualified persons who
are willing to serve as trustees, and
unless they can find them, the pro-
visions of senate bill No. 70 are prac- !
tically imperative and the board of
county commissioners in the mean
time would not be justified in allow
ing the roads and bridges, of such dis
tricts to become out of repair and
impossible or unfit to be travelled up
on, nor to allow the county property.
of which they are the custodians, to
deteriorate or become destroyed.
Until they can find some qualified
person to assume the duties of road
district trustee, the board of county
commissioners hold the property of
such district in trust and are charge
able with the proper management of
such trust; therefore under their
general powers they must do every
thing necessary to fulfill the duties
thereby devolving upon them until re-
lieved thereof by the organization of
a board of trustees in said district, to
whom the trust can be transferred
Material for Battenburg work at the