Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-08-06
WILL SEEK
PLACE ON BALLOT
DESPITE OPINION
Attorney Generals Ruling Bar
ring Him From Race Ex-
pected to Be Reversed.
TrIbune's Helena Bureau.)

Helena, Aug. BIB. c. White OF
Buffalo, state senator from Fergus
county during the last four years, but
now a resident Of Judith Basin county.
expects to get his name on the primary
| ballot as candidate for the democratic
nomination for state senator from
! Judith Basin, despite the adverse opin-
ion rendered by the attorney generals
office several days ago.
Another opinion. based upon facts
not in the possession of the attorney
| general at the time of the first opinion.
is now under course of preparation and
will be submitted to Attorney General
W. D. Rankin upon his return to the
city from Great Falls.
Mr.. White, accompanied by Attor-
| ney S. J. Cowley of Great Falls, spent
Friday afternoon in the office of the
attorney general, discussing the matter
with Assistant Attorney General Foot
and Mr.. Davidson, law clerk. The lat
ter were put in the possession of facts
which they did not have at the time Of
preparing the original opinion previous
" rendered which held that no vacancy
would exist in the office of state SEN
ator from Judith Basin county until
the close Of the year 1924.
Counsel Doubts Opinion
1t was through the columns of The
Tribune that Mr.. White, while in Great
Falls. learned Of the opinion which
would have barred him from his candi-
dacy for the nomination as he had not
been at his home to receive a copy of
the opinion mailed there by the attor-
ney generals office.
THE opinion formerly rendered by
the attorney generals office was given
under the impression that the officers
Of Judith Basin county had been elect
ed at the general election in November,
1920" said MI. Cowley, following his
visit to the attorney generals office
Friday.
"As a inter Of fact, there was no
general election In Judith Basin county
In November, 1920, for the reason that
that newly created county did not ONE
THE officers of Judith Basin county
were chosen at a special election held
August "a, 1920. and the Law provides
that all officers of newly created coun-
ties elected at a special election shall
hold office only until the first general
election following.
Expect New Ruling
"As Judith Basin county had not
pttu oISuuALcu a. the llElt Vi tHe SrH-
eral election following the special cleo
ton, nc vote could be taken upon coun-
ty officers of that prospective county
and the voters of the territory en-
braced within the proposed new county
voted only for the candidates for u
ty offices Of the parent counties from
which Judith Basin was about to be
constituted. Those residing within
precincts 81 to "a voted for Cascade
county candidates. while those in the
remainder of Judith Basin county ter
ritory voted for the candidates Of Fer
gus county.
Consequently the terms of all Ju-
dith Basin county officers will expire
January 1, 1923, and provisions for
filling these offices must be made at
the coming primary and general cleo
tons. This applies not only to the Of
flee of state senator, but also to the
office of clerk of the district court and
the county commissioners. whose terms
are ordinarily longer than two years"