Montana Attorney General Opinion 16-31

Opinion No. 31. County Commissioners, Powers and Duties-Printing-Publication of Minutes and Proceedings. HELD: The county commissioners have no power to authorize the publi- cation of the minutes and proceedings of the Board in any other newspaper except the newspaper holding the con- tract for the public printing. Mr. H. O. Vralsted County Attorney Stanford, Montana January 25, 1935. You have submitted the question whether the county commissioners may publish their minutes and pro- ceedings in some other newspaper in the county than the one holding the contract for county printing. I believe this question is covered by our opinion dated October 10, 1933, to R. N. Hawkins, found in Volume 15, Opinions of the Attorney General, page 265 (Opinion No. 384). It is my opinion that Section 4482, Revised Codes, and Section 4465, as amended by Chapter 100, Laws of 1931, are not necessarily in conflict or repugnant to each other; that they may both stand and be operative. Section 4465, as amended, prescribes the duty of the county commissioners with reference to the publication of OPINIONS OF THE ATTORNEY GENERAL 29 minutes and proceedings. Section 4482 pr.escribes the method of per- forming it. It was said in State ex reI. Wynne v. Quinn, 40 Mont. 472, 107 Pac. 506, by Chief Justice Brant- ly, who delivered the opinion of the court: "Repeals by implication are not favored. Where two Acts of the legislature deal with the same sub- ject, effect must be given to both, if possible." We also call your attention to the rules of construction stated in 59 C. J. 904 et seq., and particularly to Sec- tions 508, 510, 511, 514, 515, 516 and 518.