The Western news. [volume] (Libby, Mont.) 1933-current, 1936-11-12
Names
{. 7. Young
To Board
Is Appointed AS County
Commissioner to Fill
Short Term Vacancy.
DANIELS TERM
BEGINS JANUARY 1

An unusual complication has arisen
in respect to the county commissioner
ship from the Libby district. It viii b
remembered that A. M Hoffman was
appointed about q year ago to fill
vacancy caused by the resignation of
H. E. Brink. The law provides that
such appointments shall last until the
next general election" The supreme
court has repeatedly held that the term
of office of any commissioner 50 ap-
pointed expires on the day of the fol-
lowing general election. The term Of
Mr. Hoffman thus expired on Novem-
Der 3.
Inasmuch as the successful candidate,
j. W. Daniel of Warland, was elected
for the regular six year term beginning
on the first Monday in January 1887,
vacancy existed in the office of county
commissioner from the Libby district,
said vacancy covering the time from
November 3, 1886, to January A. 1887.
In order to have full board, and to
fill this vacancy, Judge J. E. lockwood
appointed c. T. Young of Libby to act
as commissioner for the period above
stated.
Questions Fact Of Residence
A further complication has appeared
in the contention now made by some
that Mr. Daniel was not in fact a resi-
dent of the Libby district and cannot
legally act as commissioner although
he received the largest number of votes
cast for any candidate
About seven years ago constitution
al amendment was adopted which stip-
nlated that all Montana counties must
be divided into three commissioner dis
tricts and that thereafter one commits
sioner must be elected at stated inter-
walls from each district; also each COM
missioner so elected must be a resi-
dent of the district he is chosen to
represent. The law also provides that
in order to be a candidate, one must
have been a resident of the district for
at least two years. The constitutional
amendment referred to also made OBJ
ligatory the establishing of commits
sioner districts by the then boards of
county commissioners, and the naming
of the boundaries thereto. The Ovid
ing of the counties into the various dis
tricts was then to be officially approved
by the judge of the district court of
the county affected
The complication now resolves itself
into matter of fact, as to whether Mr..
Daniel was or was not resident of
the Libby district Some are of the be-
lief that Mr. Daniel has been living
north of the dividing line between the
Libby and Eureka districts and. # that
is true, was in fact a resident Of the
Eureka district. II is understood that
Mr.. Daniel disputes that contention and
will fight to take his seat as the duly
elected county commissioner
Would Invalidate Acts.
If it is finally proven that Mr.. Daniel
was not resident of the Libby district
at the time of the election, he cannot
act as commissioner for the reason that
any action taken by him as commits
sioner would be illegal There are GER
tain transactions that must be signed
by all three county commissioners. If
any illegally elected commissioner was
acting and signing such transactions,
the action would be invalidated there
by. On the other hand, if it is finally
determined that Mr.. Daniel was a resi-
dent of the Libby district and therefore
legal candidate, he will be fully en-
titled to serve as commissioner on md