Montana Attorney General Opinion 15-16

Opinion No. 16 Public Offices-Salaries-Holidays -Beginning of Tel'l11. HELD: The fact that the first I\'[on- <la~' in January falls upon a legal holi- day does not affect the mandatory char- acter of the law requiring installation of public officers at that time. and the oW officers are therefore entitled to some portion of the salary for the first <lay of the year which was Sunday. J-anuary 9, 1933. I have your letter in regard to newly elected officers taking office on Janu- ary 2, 1933. this being a holiday for the reason thnt the fir~t of January fell upon a Sunday. However, this fact does OPIXIOXS OF THE ATTORXEY GEXERAL 29 not effect the mandatory character of the law requiring insrallation of public officers at that time. t:nder the provisions of Section 4728, Hevised Codes of ~Iontana, 1921, county offiL-ers take office on the first ~Ionday of January ne..'l:t succeeding their elec- tion except the County Tl'easurer and under Section 1 of Article VII of the Constitution sta te officers hold office fOl' foUl' years. or until their successors a re elected and qualified heginning on the first Monday of January next suc- ceeding the election. The old officer was therefore entitled to some portion of the salary for the firi'lt day of the year which was Sun- (lay, as the new officer did not assume ~he duties of his office until the second da~' of January which was Monday. and which was the first day that he could take office under tbe constitution. In this regard there is an opinion by for- ml'r Attorney General Galen, found in yolume one at page 4, holding that the fact that the first :\Ionday in ,January falls upon a holiday does not affect the mandatory character of the law requir- in;.; installation of public officers fit that time.