The Western news. [volume] (Libby, Mont.) 1933-current, 1939-01-19
County Officials
File Answer
Continued from page y

acted under the advice OF the coun-
" attorney The reasoning of the
Montana supreme court IN kurth Y.
Grunde. 90 Mont els, follows closely
the reasoning of the court IN the
Oklahoma Reddel case, although the
question before the court was diff
ferent. and in fact cites the Reddel
case as authority. The Montana
court says. The contention is that
Allen Pierce is prohibited by the
statute from voting for the con-
firmation (qf his SOM because of
his relationship To the appointee.
The statute by its terms restralns
only the appointing power Its pro-
visions are not sufficiently broad
to affect the power or right of one
voting for confirmation. Had II
been the intention of the legislature
to prohibit one from voting for the
confirmation of a person within the
prohibited degree it could easily
have done so expressly, as was done
under the statute considered in
Reddell v State ii Ok. CT. 1919,
10 Pae. 273' and in other cases
cited
Claims for Rental of Machinery
Your report says. Again we find
claims for rental of machinery, rent
al of trucks. rental of graders, rent
al of everything IN the road machine
line. This so-called rental rack
ct has been overdone and 1t is time
that the county commissioners
ceased to be guided and misled by
the high powered machine sales
men,
That language and its tone are
not appreciated and the commission
ers want you to know that they I'M
derstand these so-called lease or
rental machinery agreements are IN
reality conditional sales contracts.
and so understanding treat them as
such, and they have not entered in
TO such contracts for a long time
without first advertising for bids.
Your deputies are mistaken when
they refer to claim No, 24478 of and
the contract with the Westmont
Tractor and Equipment Company
and say that it was entered into
without first advertising for bids.
Bids we're advertised for in the
Western News three times in April,
1898 The advertisement specifical
~ called for sealed bids for the
furnishing TO said county of one
model IS diesel tractor with bull
dozer attached, as part payment for
which shall be accepted certain
296-H Caterpillar tractor now owned
by said Lincoln County and hereto
fore appraised at $3.50 The COM
missioners have been advised of the
opinion referred TO in your report
of former Attorney General Maggie,
Opinions Of Attorney General, Vol.
Is. page 424, and the opinion of At
torney General Freebourn, Opin-
ion No. 1872 1872, rendered August 5,
1887. In the opinion of Attorney
General Nagle he tells us:
A contract payable in install
ments, to purchase property
would be legal if properly let
and the payments each year
| were within the budget
Attorney General Freebourn in
| his opinion tells us:
] No doubt in many instances
] where the budget does not 9TH
erwise permit, it is an advant-
/ age and desirable to purchase
road machinery by this method
of payment In the absence Of
constitutional or statutory pro-
visions forbidding it, we see no
reason why the county commits
sioners may not make such con-
tracts. Having the power to
purchase the property. the meth
cd Of payment is also within
the power of the county COM
III missioners, subject only to such
limitations as are provided by
law"
The county commissioners are
following those two opinions anc
:. I'll 49,. ]