The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1922-10-06

iFrom Roosevelt Co. independently
Our contemporary, the Valley Fri
bune in it's issue of last week, comes
forth as an ally of Wolf Point for
county seat and in its article under
the caption "And It's Al In the Name
of Economy" attempts to mislead the
voters of the county with certain pro-
paganda that has for some time been
Matching and brewing in the city OF
our opponents to the west of us. In
the first place, the Tribune, which is
issued at Bainvilie, claims that we
are inconsistent and insincere in our
claim that it would be a waste of the
peoples money to move the county
seat from here to Wolf Point, for the
reason that two years ago similar
waste was committed in the removal
of the county seat from Mondak to
Poplar. The article then goes on to
state that jail costing $4,000 was
abandoned at Mondak, etc, and in
effect says that while the equipment
at Mondak was not as ample as the
present accommodations at Poplar,
nor as expensive, yet they were quite
ample.
Let it first be understood that two
years ago a plurality vote of the peo-
Die Of this county designated Poplar
as the TEMPORARY COUNTY SEAT
until a permanent county seat would
be selected. Poplar as city has and
then had nothing to do with the franz
ing of the laws which provide for
two elections on this question, one
election to designate the temporary
county seat and one to designate the
permanent county seat in the event
that no majority vote is cast for any
contending town. The legislature OF
the state of Montana makes the laws
of this state Our senators and rep
resentatives enact the laws and the
governor of this state approves or
vetoes the laws. Poplar does not en-
ioy that function. We hope that is
clear to Mr.. Editor of the Valley Trl~
bune.
Now then under the law, when the |
vote was canvassed two years ago, it
appeared conclusively therefrom that
Poplar had received more votes than
anv other candidate, which made 1t
the temporary county seat, inasmuch
as no town had received a majority /
vote. During the canvass of the vote
bv the Board of County Commission
ers. the board asked for the opinion |
of the County Attorney as to what |
course to pursue. The county attor-
ney at that time was Mr.. Ernest L.
Walton of Bainville. Under the law |
the county attorney is the legal adj
visor of the Board of County Com
Inissioners. Mr.. Walton then and /
there advised the board that if no |
a majority vote, then |
the town receiving the highest num-
Der IMMEDIATELY became the TEN
perary county seat, and instructed the
board to make a resolution to that ef-
feet. Pursuant to that advise, the
only thing the board could do and Go
lawfully was to follow the instruc-
tons of the county attorney and the
law. This they did, and in finding
that no town had received majority
vote, and that Poplar had received the
highest number of votes, declared by
resolution that Poplar Immediately
became the temporary county seat.
The letter of advise form the county
attorney is on file and of record IN
the Office of the county clerk who acts
as clerk of the board of county COM
The following is true and correct
copv of that letter, and following that
is a true and correct copy Of the res
which the board passed after
receiving the Iette rfrom their legal
advisor and counselor:
COPY OF LETTER
November 9, 1920.
Hon. Board of Co. Commissioners,
Roosevelt County, Montana.
Gentlemen:
Responsive to your request OF
even date herewith as to whether
or not the town or city receiv-
ing the highest number of votes .
at the last General Election be-
comes Immediately the County
Seat of Roosevelt County, | beg
to advise that the provisions OF
Chapter 1876 IF the Acts OF the
Twelfth Legislative Assembly OF
the State of Montana, approved
on the 9th day of March, A. D.
1911, is the governing law.
When your Board has complet-
ed the canvassing Of the election
returns, if you find any city or
town has received majority Of
all votes cast for County Seat,
you shall by resolution enter on
record in the minutes of your
proceedings, declare said town or
city to be the permanent County
Seat. IF, however, upon. your
canvass of said election returns
you find that no town or city
received a majority of all votes
cast for County Seat, then you
shall by resolution entered of |
record in the Minutes of your
proceedings, declare the town or
city receiving the highest number |
of said votes to be the temporary
County Seat Of said county, and
said town or city shall immediate
" become the temporary Coun-
ty Seat.
Hoping you shall find the
above sufficiently responsive to
request to meet with your APP
proval, / beg to submit the same
for your consideration.
Very truly yours,
Ernest L. Walton,
r r