Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1903-01-08
OFFICIAL PROCEEDINGS
Rosebud County Com
miSSiOnerS.
December Meeting. 1902.
Continued from last week.
OFFICE OF THE COUNTY CLERK. }
COUNTY OF ROSEBUD, :
STATE OF MONTANA.

OFFICE OF THE COUNTY CLERK.
COUNTY OF ROSEBUD,
STATE OF MONTANA.
FORSYTH, Dec. 3, 1902.
The board of commissioners met at
10 a. m, pursuant to adjournment OF
yesterday, with all members and the
clerk present.
The minutes of yesterdays session
were now read and approved.
Upon motion duly made and seconded
the opinion of E. J. Dierks, special
counsel for this board, is hereby made
a part of the minutes of this meeting
and ordered published in full as por-
ton of the proceedings of this board.
FORSYTH. MONT, Dec. 3, 1902.
TO the Board of County Commissioners
of Rosebud County, Montana:
Gentlemen: have been informed of
your appointment and request for a
legal opinion upon the questions and
matters set out in the record of the pro-
ceedings of your board on the End day
of December, 1902, and in reply thereto
have to say that have examined the
docket, files and records of Roderick
McRae, justice Of the peace of Rose
bud township, Rosebud county, Mon
tana. and give you my opinion as
follows:
First-I find said record and docket
of said Roderick McRae to be incom-
n1ete anil ;nsnh;c;o,,l -, .,11 i, ,o4;,,,, Ia
out therein, and that it appears from
said docket that said McRae had no
jurisdiction as justice of the peace in
action appearing upon the said docket
and that said McRae has not authen-
ticated any action before him by his
own signature, and that all proceedings
before said McRae, as justice O. the
peace, appearing upon said records
are illegal and void.
Second-I find from the records of
the board of county commissioners of
Rosebud county of the special meeting
of April !, 1901, at which meeting
pretended appointment of said McRae
was made as a Justice of the peace ia
and for Rosebud township in said
county:
1. hat no call Of said meeting was
made, as required by law, and that
the proposed appointment of said jus.
tice of the peace was not set out i'm any
call of said special meeting and that
the board of county commissioners had
no power or authority to appoint said
McRae a justice of the peace for said
county at said meeting, and that said
pretended appointment was illegal and
void.
Third-I find also from an examina-
tion of your records that said McRae
has wholly failed to make any reports
in writing, either verified or other wise,
since his alleged appointment in April
1901, showing the fees received by him,
in his official capacity as required by
section 1886 of the Political Code of the
state of ontana.
FOURTH also find from the records
of the district court of Custer county,
Montana, that said McRae was not a
citizen of the United States at the time
of said pretended appointment and not
qualified to hold said office.
From the foregoing, it is my opinion
that said Rodericl McRae has never
at any time been a legally appointed
justice Of the peace nor qualified to
hold said office, and further that by
reason of his failure to report all fees
collected by him, as required by law,
your board. in the exercise of your
official duties, required of you by sec.
ton 1929 of the Political Code of the
state of Montana, upon proof of said
failure of said Roderick McRae to
make said report at the expiration of
each quarter since his said pretended
appointment, should declare the Office
OF justice of the peace of Rosebud
township vacant.
Respectfully submitted,
EDWARD J. DIERKS,
Special Counsel.
The examination of Roderick McRae
and his docket, records and files is
continued until o'clock p. m.
On motion duly made and seconded
the clerk is instructed to notify E. J.
Dierks, special counsel for this board,