The Sidney herald., 1955-05-05
County Attorney
Office Contested

@ASuNAAa - AJlOIuSV zen. Arnold
II. Olsen Wednesday filed a petit
ton asking the Montana Supreme
Court to assume jurisdiction in a
dispute involving the county at
torney'S office at Sidney.
Olsen asked that the lower
courts be bypassed because "the
question is certain to reach the
Supreme Court ultimately for de-
cision. He said the delay neces-
sarily incident with the COM
mencement of the action in the
district court will cause con-
tlnued harm and discord and dis
sensIon throughout Richland coun-
ty and deprive that county of
proper law enforcement"
The question to be determined
IS which Of two persons is entitled
to the office of county attorney for
Richland county.
Olsen said as attorney general
of Montana, he is proper party to
commence this action in the Su-
preme Court"
Bidding for the office are v. G..
Koch and John M. Lexcen.
The dispute stems from the re-
election Nov. 2, 1854, of J. c. Cot
tingham to the county attorneys
office for a term beginning Jan. 8,
1855.
He failed to file his official oath
and bond as required bv law and
Dec. 8, 1854, subsequent to the
declaration of vacancy, the retir-
ing board of county commissioners
by resolution appointed v. G..
Koch. This appointment was to
be effective Jan. 3, 1855.
Koch filed his official oath and
bond and assumed the duties of
county attorney Jan. 3, 1855.
However, Feb. 18, 1855, the
Richland County Board of Com
mlssionerS, consisting of Chair
man Geo. Eikhoff and Donald
Pentz and the newly elected mem
Der, James Sturgeon, with Chair
man Eikhoff dissenting, appointed
John N. Lexcen as county attorney.
This action, they said, was in ac-
cordance with an attorney gener-
al's opinion.
On Feb. rs, 1855, Lexcen made
demand upon Koch to surrender
the office Of county attorney. Koch
refused to do so.
= = =
Following is a statement by Mr..
V. G.. Koch on the contest:
An action entitled estate of
Montana on the relation of v. c..
Koch, county attorney, Richland
County, Montana VS.. John M. Lex
was filed in District Court on
March %, to determine the title
the county attorneys office.
MI. Koch was appointed to the
commencing January 8.
1855 and until the next general
election, by Donald w. Pentz, Geo.
Elkhoff and L. Setback, county
commissioners. The a~ppointee fill
I'd his oath and bond and took (
office and commenced perform
lnce of the duties. s
On January 8, 1855 James E. {
'purgeon, a newly elected COM I
missioner, also took office and on !
february 18, 1855, Donald w. {
who previously Joined in
he appointment of MI. Koch.
'oted with James E. Spurgeon in =
he appointment of Mr.. Lexcen. '
Eikhoff voted against Lex
ems appointment because of his
revious appointment. Y
The court action asks a deter
lination between the conflicting c
ppointments. A petition to inter- '
enc was filed by the Attorney d
Ieneral on behalf of Mr.. Lexcen t
that the court grant him C
emission to join Mr.. Lexcen
that he has ian interest in t.
lie matter as supervisor of county Il
ttorneyS,", and further that he
as can interest in the success of
DIN M. Lexcen, defendant in the 4
A hearing on the oues- F.,
on of Intervention was set by the 4
istrict Court, however, the At
rney General is now seeking to Il
y-pass the district court and has m
iked the supreme court to assume el
Lrisdiction, but late word was re- D,
lived from Helena that the At al
rney Generals move had been tx
enied by the Supreme Court.