The river press. [volume] (Fort Benton, Mont.) 1880-current, 1912-04-24
OFFICIAL PAPER OF cHoUrEAU COUNTY
WEDNESDAY, APRIL "a. 1912.
THE RULE OF REASON.

There is constern alton among coun.
~ commissioners throughout Montana
over . stu alton resulting from q de-
cision of the supreme court, by which
these public officials are held to be
personally responsible for damages
IN q suit brought by any citizen IN.
jured through defects In public high.
ways. The decision was given in a
case in which the county commission.
ers of Lewis and Clark county we're
made defend ants, the plaintiff claim
ing damages from them as individuals
because he was the victim of an acct
dent alleged to have been caused by the
bad condition of q public road; and 1t
is assumed that county commissioners
in other parts of Montana are subject
to similar responsibility under like
circumstances.
1t Ia probable that the law was cor
rectly construed by the court, in q
technical way, without regard to the
intent of its authors. The ''rule Of
reason" which the supreme court Of
the United States recognized recently
in passing upon In important federal
statute, did not appeal to the Mon
tana courts in considering this case.
The Montana law that fixes the re.
sponsibility Of every county commits
sioner in an action for damages in
this connection lie a rick that few will
consent to incur. Under the most
careful management, and oftentimes
with insufficient resources at COM
mand, it is almost impossible to main
tain the public highways in good o
dition at all seasons Of the year.
Failure to do this, however, subjects
each county commissioner to personal
penalties that may wreck his financial
standing, If accident happen to any
traveller over q defective road.
The conditions caused by this con-
struction OF the law we're regarded
as SO serious and embarrassing that
the Cascade county commissioners de-
cided to ''get from UNDER" by resign.
ing their positions. In commenting
upon this incident the Great Falls
Leader reviews the stu alton to this
effect:
That the Cascade county board took
the wise course through resigning in q
body bespeaks wisdom on their part;
each of the three gentlemen is q re.
sponsible citizen In the way that the
responsibility Of citizenship 10 gener-
ally understood, as we'll 40 In the way
which admits of court judgment col
lectable. Under the Montana supreme
court falling, or majority ruling, to be
exact, the kind of county commission
ers for Montana would seem the execu-
tion-proof variety; the Cascade county
commissioners are not that kind; and
60 under the supreme court finding
and the Lord only knows where they
found it-they are in q sense debarred
from holding the Office of county com
missioner in the fair state OF Montana,
At least while the majority of the
supreme court shall hold to the decis'
ion given.
Heretofore it has generally beer
thought that the county commissioner
job held the limit for grief In the way
OF plant and complaint from his fel
low man-but that was before the da,
OF the supreme court action quoted
Before times it was hard indeed to &c
frst-class citizens to fill the position
now 1t ia assured that the citizenship
will be in q class by itself, thank you
and there you are! In the near word
OF the late Mr.. Shakespeare: If tina
be the law, then make the most of /
or make the joke of 1t.