The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-03-20
WAY PROVIDED FOR DETER.
MINING RESULT OF ELECTION
Il FAULT IS NOT FATAL
General Donovan Outlines
\ the Course Of Procedure That
I Should Be Followed.

ut develops that there is a defect in
~ law relating to the election OF
of county free high schools,
Used by the eighth assembly. The
sk is contained in senate bill No. 63,
by Sherlock, and it is found
following the language of the
E strictly there is no way of deter
hing the result of the election for
Sak Office in school districts of the
sAOnd and third classes, says the
ELENA Independent.
The matter vas brought to the at
alton of Attorney General James
in a letter of inquiry from
IL p. Stark, county attorney of Park
and the attorney general has
piled in an opinion in which he
BaEiaSsfhat while there is a defect in
AHitk not of such fatality as to
fkg fhe-purpose for which the law
#s-enacted, and a course of pro-
Iure that may be followed is pointed
III. The attorney general says:
evident intention of the legis-
lure, providing for election of trus-
Ms, was to follow the procedure in
in the general school law of
Btricts of the first class, but they
aidently didn't enact such a law.
NsUnder section 2, Of senate bill So,
Athe manner provided for school dis
let's of the second and third classes
u followed, then you + quite right
RI your conclusion that threre would
N no law to determine the result of
~ election, because under section
80 of the school laws, approved Mar.
in districts of the second and
sasird class said books and tally lists
TALL be returned to the board of trus-
lbs Of the district, who shall canvass
se votes and cause the clerk of dis
Wet to issue certificates of election
u the person or persons elected etc.
his, of course, does not conform in
|sy way to the intention of the county
Egh school act.
III The only way that I can suggest
&der this incongruity is this: The
|AH must be enforced and construed
NJ be effective, if it car be done with
n reasonable rules of construction.
Fpurts always try to give effect to a
INV if it is possible to do So, and the
lily suggestion that / can make in
Ills matter would be this: That when
IKE election is held for trustees for
he free high school, to treat it, or
n carry on the election in the manner
Nat will nearly conform to the law.
SIAHssIf section 2 had said there shall
II elected etc, in the same manner
VI provided by law for the election
III trustees for school districts of the
INST class there would have been
VI difficulty.
II "The defect in this law seems tc
III not in the purpose for which the
INV was enacted, but in the manner
m carrying it out. AS the law pro
B#des for an election of school trus
les for free high schools, the man
Bbr in which the trustees shall be
HBacted is a matter of minor impOr
1nce, provided there is any way by
slich the will of the electors can be
arried out. Bearing this proposition
mind the inquiry is, Does a failure
provide a complete manner of con
Etcting the election vitiate the &C
Iself? This inquiry would be nearl,
ways answered in the negative. We
lust thus seek, if possible a way tt
try out the purposes of this enact
emit. The law provides that there
all be a county free high school
provides for the election of trustee:
manage the school, and the onl,
fleet in this matter is the manner il
aich these trustees shall be elected
here certainly is a defect in tina
Int of the law. Then, is that defec
such fatality as to destroy tn
Mposes for which the law was Ell
ted? | think not. I would, there
re-, suggest that in elections unde
ction 2, that the board of schoc
ustees be notified in all the schoe
stricts to provide for an election
i'd hold said election, canvass tn
turns and send them to the count
ERIK and recorder. In this way wha
Fer trustees are elected can be d.
rmined by the board of county con
fasteners and their certificates {
Hction issued.
while there is some irregularit
this procedure, it is only sue
Regularity as exists because of
ilure in the law to be clear an
Seci1c and at the same time is don