The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-01-18
COURT HOUSE BONDS LEGAL.

" SASy 'NS |
opinion on a subject of vital inter-
and importance to the people of
this county--the validity Of bonds
issued for county improvements upon
a majority Of affirmative votes cast
the proposition to bond, regardless
of the total number of electors regis
tered at the same election. The opin-
ion was rendered in reply to a request
from the chairman of the board Of
county commissioners of Silver Bow
county. 1t fully covers the issue at
stake in this county and sustains the
position maintained by The Gazette
since the question arose
The chairman of the Silver Bow
board wrote to Mr.. Donovan setting
forth the position Of the board in ref
erence to issuing bonds voted at the
last election. 1t seems the question
of issuing bonds in the sum of $780,
900 was submitted to the electorate.
Out of the total votes cast on the prop
osition the affirmative received a ma
iority Of 1O3, although falling far
short of receiving a majority Of all
the votes cast. Out of a total OF H.
S43 votes only 1919 were registered
for and against the bonds, of which
961 were in favor and 858 against.
While the statutes provide that county
boards may authorize a loan if a ma
jo1ity of the votes cast are in favor Of
it, Mr.. Donovan's Interpretation is
that in employing the words Sin ia
O of the Loan is meant the votes
cast in favor of the particular ques-
ton, and not the votes cast on any
other general proposition. After
quoting the provision Of the constitu-
tion comforting authority to make
loans, the opinion then takes up the
question submitted and makes careful
and full analysis Of the meaning of
the sentence, 1.-The approval of a ma
jority of the electors thereof, voting
at an election to be provided by law"
Next section 427O Of the political code
is quoted, the language Of which is al
most identical with that of the %consti1
tuition. Following this comes the
question of intent and is treated as fol-
lows:
If the trainers Of the constitution,
or the legislature which enacted the
above article, had put into section
4270 the language that it put into sec
ton 4273, namely, the words 1.-THE
proposition this question would be
settled beyond all controversy by the
clearness of the section, because Sec
ton 1870 would then read, ''the APP
prevail of a majority Of the electors Of
the county voting for the PROPOSE
ton" But having failed to do so,
the question now is to determine,
first, what the intent Of the trainers
intent of the legislature was, to give
life and force to the provision of the
constitution.
The primary purpose in submitting
questions to the electors to be de-
terrnined 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
municipality are to have put upon
them a greater amount Of taxation OF
indebtedness than is authorized by the
general laws of the state, the electors
must be given an opportunity to ex.
press their free will on the proposition
before any Indebtedness can be i'm.
posed upon them beyond that express
ly provided for by the constitution and
the statute. Or, to put it in another
form, the consent of the electors must
be obtained before Indebtedness i'll the
shape of a loan beyond a certain limi,
J can be created. The consent of the
people may be obtained either by nj
open expression, or by silence. This
question has neve been passed upon by
the supreme coul of the state of Mon
tana. The courts of the differen'
states have put different con
structions upon similar provisions il
the constitutions of their respective
states, and in the laws s%upplementins
the constitution and enforcing like
J provisions, and there is no uniformit,
!, on this question.
If section 4213 means that silence
upon the loan was a vote against tn
loan and counted against the LOAF
, there would not be any necessity tt
enact such a section, as that woult
require an elector before he could CIV
an expression that would be Of an.
force, either directly or indirectly
upon the proposition to be voted for
+ to write upon his ballot "for tn
loan" and against the loan" Thi
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