The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1928-08-31
Statement by Thomas Horsford

| have been asked by officers of the
Horsford-F For Commissioner Club to give the facts concerning
my purported resignation" the withdrawal of same, and the ap-
pointnent of another commissioner by the court after | had with
presume that a concise statement
of facts is all that is wanted; everyone is entitled to draw his own
On the goth of July, after the results
of the primary election were known, | wrote and addressed a
resignation to the Board of County Commissioners of McCone
County: That resignation contained certain stlpulatlons requlr-
ing definite and specific action by the Board to make it effective
(that is the view and opinion Of eminent counsel). No such
action was ever taken.
On the 10th of July the clerk and
recorder wrote a personal letter to the Judge of this district and
advised him of the resignation offered the Board and sent him a
not instructed him to write the letter. About the oath Of July the
Judge came to Circle, but on finding that the Board had taken
that time, I feel safe in saying that the Judge felt he had no juis-
diction until appropriate action had been taken by the board, in
fact, it would appear that, if he felt that he had jurisdiction, he
would have made the appointment at that time, for I have under
stood that was his business here.
On the 26th day of July I was in
formed by one member Of the Board that the Board would not
accept my resignation. After learning that; and being solicited
on the 18th OF July and resume my duties as county commits
sioner.
On the 9TH Of August, while the
Board of County Commissioners was in session, Judge Leper APP
pointed MI. Amos M, Jacobs without inouring Of the clerk and
recorder whether there was a resignation or not.
Now / am advised by eminent coun-
sci that 1--WE are ourselves Of the opinion that in a situation such
as yours the resignation did not become effective by the mere
transmission of the purported resignation. The non-action of
the commissioners themselves, the statement of appointing off
Ger (the judge, all indicate that the resignation was not consi-
dered by them or any of them as effective. 1t was not formally
transmitted to anyone in authority. In our view it was as if you
had written a promlssory note, or executed a warranty deed,
without making delivery thereof. And without making delivery
no effect could be given to the obligation" Quoting further
from the same opinion, "In the writer's own view, there was no
resignation, and your formal reentry upon the performance of
your duties prior to any formal action by the appointing power,
your withdrawal of the purported resignation prior to that time,
etc, created no vacancy, and consequently no right to appoint a
successor"
Knowing that in the selection of MI.
Amos M Jacobs, the Judge has selected an honest and capable
man to fill my place during the remainder of the term, I'm glad
to waive any rights may have in Difference to an older and bet
ter man, and will devote my energy and time towards reelection
as an expression Of my appreciation for the confidence you have
IN my ability and integrity as shown by several hundred of YOU
pledging your support towards my reelection.
essssss' l., and a5 ss ss ss e ss Thomas Horsford