The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-21
BALLOTS WRONGLY MARKED
Variation from Form Prescribed by
Statute NuIIifies Vote Of
the People.
NI6m Mondays Daily Gazette.

Yellowstone county have authorized
the county commissioners to issue
bonds in the sum of $4,000 for the
construction or a new court house
and Jail, and that the credit of the
county is A 1, buyers for the issue
cannot be found. A legal technicality
stands in the way Of the cOnsumma-
ton OF the sale of the bonds. The
triie of wording the ballots that were
voted is the stumbling block that has
put an end to all negotiations and has
caused a great zeal of annoyance and
worry to the board.
AS is often the case in such in
stances, too much law is responsible
for the muddle in which the matter is
involved.
When it had been decided to sub
nit the question OF a bond issue to the
voters of the county the commission
ers governed their subsequent &C.
lions, so far as related to the manner
in which the proposition was to be
submitted, by the provisions of Sec
ton 4196 of the political code, which,
it seems, has reference to the matter
OF issuing warrants in payment OF in
d%ebtedness contracted. Sections
427O, 4272 and 4273 were the ones by
which they should have been guided,
as it developed after the commission
ers had accepted an offer for the
bonds they have been authorized to
issue for the purpose stated. I'm
fortunately for the county, this knowl-
edge came too late to be of any use.
Ask Peoples Opinion. y
Last Saturday, at the suggestion OF
the chairman OF the board, County
Clerk Fish wrote invitations to a num-
Der OF taxpayers and responsible cit
liens to be present at this mornings
meeting of the board, informing them
ing to the new court house would
come up for consideration. Quite a
few accepted and after the meeting
had been called to order Chairman
Parker made a statement.
He said that, as all knew, at the
last general election the board had
submitted to the voters of the county
the proposition OF a bond issue for
the erection of a new court house and
Jail. The question had been carried
and the board had advertised the
sale OF the bonds authorized. Several
bids had been submitted and the
board had accepted the proposal OF
Otis, Wilson & Co., of Chicago. Sub
sequently to the acceptance OF the
firms bid the board had been notified
by it that it's attorney did not approve
of the manner in which the bonds
had been issued, as the election under
which the bonds had been voted did
not comply with the requirements OF
sections 427O, 4272 and 1878 OF the
political code and because OF this the
house would decline to accept the
bonds. A copy of the lawyers opin-
ion was made a part OF the letter.
Upon receipt OF this notice. Mr..
Parker said he and Commissioner
Deverill had gone to Helena to consult
with the Thomas Cruise Savings bank,
which had also submitted an offer for
the bonds. They had informed the
bank of the refusal of Otis, Wilson
e. Co. and the cashier of the bank
had told them that the bank was still
prepared to take the bonds at it's orig
inal offer, to pay for the cost OF lith'
ographing and delivery, contingent
upon a favorable opinion of it's attor
ney as to the legality OF the issue.
Shortly after their return from Hell
ena, Mr.. Parker continued, a letter
had been received from the bank en-
closing an opinion from T. ]. Walsh
the banks attorney, in which the
same objection raj raised as hat
been advanced by the attorney IOl
the Chicago house. In it the state
ment was made that the ballots nat
not been worded in accordance witt
the provisions of section 4273, a dc
feet that was fatal, other words nav
ing been substituted for those contain
ed in the section. Still DESTROYS o.
taking the bonds, the Cruise bank hac
suggested that inasmuch as the in
%debtedness had been authorized, thu
commissioners might issue warrants
against the loan and at some future
time convert them into bonds, as thu
law permits in another section. Thu
bank had signified it's willingness tt
take the warrants, but conditiona
,,ror annroval ri it's attorney. TIL,