The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1927-04-15
FOR RULING ON
REEDS SALARY
TEST SUIT FILED IN HELENA TO
DETERMINE RIGHT OF LEG
ISLATOR TO JOB
Eastern Montana Towns Get Lower
Light Rates; State Invests S1OO..
600 in Warrants; Will Sell Re-
finery for Back Taxes
tBy Our Helena Correspondent

Eligibility of a member of the IegisIa-
ture TO hold other state office during his
term is to be determined by the cOurts
through an action filed I'm district cOurt
by III. s. Hepner In behalf of Julius
Barney, a taxpayer.
TIE action is a test case. It asks that
the state board of examiners be enioined
from approving for payment anv claims
for salary Of Grant Reed as auditor of tbe
state railroad commission. Reed was a
member Of both 1925 and 1927 legislatures
and has served as the commissions ambition
since September, 1925, except for the Deriod
when the legislature was in session.
Glen I. Davis, speaker of the last house.
also holds a similar appointment from the
commission.
It is commended, in the action filed Tines
day that Reed is ineligible because of the
constitutional provision which declares that
mo senator or representative shall. durino
the term for which he was elected be an
pointed to any civil office under the state
Attorney General Foot, in 1925, gave the
board Of examiners an opinion. chat fbe
position Of auditor in the board of rail,
road commission office is not a civil OFFICE
under the state within the meaning of the
constitution"
Towns of eastern Montana served by tb,
MOntana-DakOta Power company have beer
granted reduced electric rates 6v tbe STAT,
public service commission. The changes es
tablish a 16 cent lighting rate per kilOwst-
hour. for the first so hours in Bainviiie
bTOchJOA5 NuLoeElSOu, medicine Lake
Homestead, McCabe, Reserve, Savage. Fsir
view and Wibaux, and IA cents in Sidney
PlentyWOOd, Wolf Point and POPLAR.
The initial power rate is fixed at eigh
cents per kilOwatt hour, for the first q
hours, and the power cooking rate at fou
cents an hour fiat.
Under the preference right given the stat
by the last legislature, the state treasure
has invested almost 100000 in state war
rants. The amount represents warrant
issued for payrOlls, for costs of the i'm
parchment trial and for land purchased b
the state for the university.
The investments are made on behalf n
the common school funds. 100000 havin
been set aside by the land board for til
purpose, with the understanding that whe
this amount is invested. more NAV be DrC
| vided. The warrants bear 4 per cent in
l%tereSt.
Papers have been filed at Butte for th
state by the Silver Bow county attOrne
against the Silver Bow Refining cOmpan
! asking judgment to sell the property
= necessary to collect Judgment for $1,000
+ in alleged delinquent gasoline sales take
! and $4,000 in penalty and interest. I'M
first installment Of the gasoline license ia
due the state from the Reliance Refnin
company of Kalispell has been received h
= the state board Of equalization. It amount
to Sl,SI1.9 and represents the states chare
q for the second and third quarters of 192
tOgether with penalties and interest.
r. NJ. Hart, Of the Hart-Al5in compan-
j and Grover G. Chisel, attorney, were AT
s pointed by Governor Erickson as member
Of the executive board Of the new stat
normal school at Billings. Chancellor BraI
n non, until there is a president appOintel
Y will serve as the boards third membe