The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-01-29
Special to The Daily Missoulian.

Special to The Daily Missoulian.
Helena, Jan. 28.-There was some
thing of a sensation in the house. this
morning when Hall (republican) of
this county, offered a resolution which.
after making the allegation that At
torney General Galen had illegally
drawn his salary during the four years
of his first term, called upon the state
treasurer to employ lawyer to bring
suit for the recovery of $4,000. The
basis the resolution was the allega-
ton that when Mr.. Galen was first
elected he was only 2S, when he took
the oath he was but 29, and the con-
stitution makes the age of eligibility
to the office of attorney general 30
years. The resolution, after being
read, was referred by the speaker pro
TEN back to the committee on state
institutions. Later, on motion OF
Ward Of Cascade, it was taken from
the committee and indefinitely post
poned The resolution follows:
Resolved by the house of represen-
tatives, the senate concuring, That.
Of this house that one Albert ]. Galen,
of Helena, Mont, was elected to the
office of attorney general of the state
of Montana on the - day of No
vember A. D., 1904, at the general cleo
ton in said state, and
Whereas, he was declared elected
to such office and duly took his oath
of office and acted as attorney general
for Montana for the period of four
years from the first Monday Of jan
uary, 1906 and drew and received as
salary from said state as such officer
the sum of $4,000, and
Whereas, section 3, article I, of the
constitution of the state of Montana
provides that no person shall be eligi-
BILE to the office of attorney general
unless he shall have attained the age
of 30 years at the time of his election,
and
Whereas, said Albert ]. Galen was
born on or about January 5, 1876, and
was only % years of age at the time of
his election in November, 1904, and was
not 29 years old at the time he took
the oath of office in January, 1905, and
hence ineligible and disqualified to
hold said office and to administer
the affairs of the same. and had no
legal or constitutional right to hold
said office and draw and receive the
salary; therefore be it
Resolved by the legislative as
sembly of the state of Montana that
the state treasurer of said state is
hereby authorized, empowered and di-
rected to employ special counsel in the
of tho q 70 fo hr;p
the district court of the first judicial
district of the state of Montana in and
for the county of Lewis and Clark
against said Albert ]. Galen for the
recovery of the sum of $4,000 so illeg-
ally and unconstitutionally drawn
from the treasury of Montana, together
with Interest on said sum at the rate
Of per cent per annum."s
Bills Are Passed.
In the senate today several bills
were passed. among the more impor-
tant being that appropriating 100000
from the proceeds of a proposed capi-
tol grant bond sale for the construc-
tion of two wings to the state capi-
toll There was little OF interest in the
upper body. except that Long gave
notice of his intention to introduce a
Dill providing for the guaranty of
state bank deposits. Cowgirl chair
man of the senate committee to inves-
tigate the state land business, asked
that the committee be authorized to
employ counsel, and the request was
granted.
In the committee of the whole the
following bills were recommended for
passage:
House Bill No. 25-Adopting the re-
vised codes.
House Bill NO. 3-Regulating the use
of voting machines in cities.
Senate Bill No. 2-Relating to the
investment of state land funds
Senate Bill No. 24-The Donlan pub
licity bill.
On third reading the senate passed
the following bills:
Senate Bill No. 46-Providing the
manner in which insurance companies
may do business in Montana.
Senate Bill No. 32-Detaching Teton |
county from the Eleventh judicial dis |
trict and annexing it to the Eighth.
Senate Bill No 43-Authorizing the |
state auditor to- issue duplicate war;
rants where the. original has been
lost.
Senate Bill No. officiating to |
farmers institutes. |
Senate Bill No. 30-Providing for a |
bond issue based on the state capitol |
land grant of 100000 to build wings |
to the state capitol
Three Presented.
Three bills were introduced as fol-
lows:
Senate Bill No. 67-By Long: Relat-
ing to discrimination by surety COM
panies.
Senate Bill No. 6S-By Meyer: Re
lating to the Incorporation of endow-
ment and investment companies.
Senate Bill No. 69-By Kessler: Re-
lating to the school census.
The following notices We're given: J