The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1923-10-25

This was the outcome of the case
brought in district court in Lewis and
Clark county by C. H. Martien, as
SCISSOR of Lewis and Clark county, at
whose instance Judge Jackson, sit
ting for Judge w. H. Poorman, dis
qualified, restrained the state treas
urer and the state auditor from pay
ing. the salaries and expenses of the
members of the commission and their
assistants after July 1, this year, on
the ground that the constitutional
amendment providing for the crea-
ton of the so-called tax commission
had not been set forth in full on the
state senate journal of the legislat-
i've assembly of 1921.
Act Is Held Valid
The opinion of Justice Stark, de-
livered Saturday, holds that failure
to spread the proposed amendment
on the senate journal does not make
the act, nor the creation of the board
invalid
Justice Stark also held that in
view of the fact that the bill provid-
ing for the amendment to the CON
stitution having been passed in both
the house and the senate, had been
submitted to the people and had been
ratified by vote of the people con-
stituted a substantial compliance
with the provisions of the state con-
r%, ba
stitution could be amended. The
opinion also held that those attack
ing the legality of the commission
should have assailed the proposal for
the creation of the commission be-
fore amendment was submitted to
the people.
In all of his views in writing the
majority opinion in this case Justice
Stark was concurred in by Chief
Justice Galloway and Justice Hollo-
way.
This means, according to the ma
jority opinion, that the tax commits
sion is vested with authority to con-
tinue to function in equalizing the
bd&SS lSNICd Ill uOnldId, anu Ulldt
Governor Joseph M. Dixon had
power to name the members of the
commission, which appointments
were confirmed by the state senate
during the legislative assembly of
last winter.
After Judge Jackson had restrain
ed payment of the salaries of the
members on the theory
that there had been fatal error" s
committed in the creation of the ;
the case was appealed !
10 the supreme court arguments be-
ng heard there three weeks ago
1t proved one of the hardest fought
egal battles in the history of the t
state, and while the case was pend f
ng the matter over-shadowed all $
,ther issues in the state. S
Many Lawyers On Case Q
In both the district and supreme t
courts Attorney General w. D. S
Rankin made the main argument in 5
,ehalf of the commission, although 4
when the case was argued in the SUI
,reme court Attorneys c. R. Leon I
Ird and E. P Howell of Butte, W. l
!. Pope of Missoula, M. 2. Wilson
# Bozeman and Thomas M. Murn
# Terry appeared as friends of the
curt, and argued in behalf of the
commission. Q
The surprise in the outcome of this !,
ase, in the opinion of many who
ave watched the progress of the :,
ction, is the dissenting opinion OF :,
Justice c. H. Cooper, who =
1ade his campaign upon the slogan: !,
Technicalities Must Give Way to !, !;
Justice" .
Grounds of Opinion
The majority opinion in effect
cid that there was substantial COM 8 8
lance with the provisions of the y
onstitution and that substantial u
ompliance with reference to pro- a a
4 =