Western news and the Libby times. [volume] (Libby, Mont.) 1920-1933, 1931-07-02
Law Does
Not Provide
For Procedure
Nothing in Montana Laws
to Permit Whitefish to
Join Lincoln County.
ATTORNEYS BELIEVE
TT CAN'T BE DONE

A conviction has been growing IN
the minds of Libby men during the
past week that it is not possible for
Whitefish to secede from Flathead
county and join Lincoln county under
the plan as now contemplated Libby
attorneys have been examining into
the affair and give as their opinion
that there Is no statute in Montana
law whereby territory can be taken
from one county and added to an
other except in the creation of new
counties.
There is ample provision for the d.
vision of counties when new county
Is to be created, but the present move
does not contemplate forming a new
county. There is one word in the
statute providing for creation OF new
counties that might have bearing on
this case but even though it has, there
is no provision directing what action
must be taken to take territory from
one county and add it to another. That
is the opinion of Libby attorneys
Presenting, however, that the White
fish secession from Flathead. county
could proceed under the new county
statute, there is another provision of that
statute that makes such action impos-
sible The law provides that when a
county is divided no division shall be
made that reduces the assessed valu-
alton Of the old county to less than
$12,0O0,00O. According to the last pub
lished statement Of the Flathead coun-
ty clerk, to the state examiner, dated
June 30, 1880, Flathead county has a
net Cor taxable) assessed valuation Of
S12, 896, 3660O. Whitefish proposes to
take away from Flathead county in its
secession between two and three mil
lion dollars Of assessed taxable valu-
alton That would reduce the Flathead
valuation below the amount allowed
by law and makes the procedure inn
possible.
Below is part of the statute cover
ing this point:
Session Laws of 1929, State of Mon
tana, Section 1880 of the Revised Codes
Of Montana, 1921, are hereby Amended
to read as follows:
Section 1880, Creation of new Coun
ties-Debts and Assets Prorated and
Minimum Area Fixed New. Counties
may from time to time be formed and
created in this State, from portions Of
one or more counties, which shall have
been created and in existence for a
period Of more than two years, in the
manner set forth and provided in this
act provided, however, that no new
county shall be established which shall
reduce any county to an assessed valu-
alton of less than S12,OO0,0OO inclusive
of all assessed valuation as shown by
the last preceding assessment.
Section 1891 of the Revised Codes of
Montana, whose title is, Basis OF Tax
alton upon Creation of New County
Terms used in law defined For pur-
pose of this act, the assessed valuation
Of all property, whether included with
in the boundaries of a proposed new
county, or remaining within the boun-
daries of any existing county or coun-
ties from which territory is taken, shall
be fixed and determined on the same
basis as is used for the imposition OF
taxes in the state of Montana, to-Wit:
By taking that percentage of the true
and full value of all taxable property
in any xaauaty specified by section 2OOC
of ths code
Whenever in this act the term As
se<sed valuation" or valuation basec
on the last assessment rolf is used
said terms shall be construed as mean
ing taxable valuation determined as
herein provided, not the full and true
valuation of property.
Section 1000, Basis for imposition o.
taxes. As a basis for the imposition
of taxes upon the different classes O.
property specified in the preceding
section, percentage of the true ane
full value Of the property of eacf
class shall be taken as follows.
1t would appear from the above quo
tation that the percentage or net tax.
able valuation must be taken into con
sideration in this affair and mot thu
full and true valuation Of property
A question that has been asked b.
Lincoln county men is what is the out
standing indebtedness of Flatheat
county The same official clerks re
port quoted above gives the following
Bonds outstanding June 30,
1890 (last available report S496, 4OO.0
Warrants outstanding same
date ACKNOWLEDGEMENT. lbl 445.u
657845.1
Sinking fund to reduce that
indebtedness ...........-....-...... a9,O41.5
Net Indebtedness June
SO, 1880 ..............-~...........$ 59S,7671
That is an indebtedness of almo.
$500, 10000. If the Whitefish area shout
be added to Lincoln county, Lincol
county must assume part OF that II
debtedness; just how much can onl
be determined after a long bookkeeT
ing procedure.
Mr.. and Mrs. Harold Miller ar
daughter and Mrs. Minnie Walk
plan to leave on the Fourth on VI
cation motor trip to the west Goa
country. They will visit at Seattle al
Vancouver, Wash, and Silverton, 0
where they will have friends and re
atives