16-46
Montana Attorney General Opinion 16-46
Length: 618 wordsOfficial source
Cite as 16 Mont. Op. Att'y Gen. No. 46
Opinion No. 46.
Elections-Special Election, Expenses
of --County Commissioners
-Budget.
HELD:
Expenses incurred inci-
dent to an election held under Chap-
ter 24, Laws of the Extraordinary
Session, 1933-34, are mandatory ex-
penditures required by law and the
county commissioners should proceed
under section 6 of Chapter 148, Laws
of 1929, where such expense has not
been budgeted.
February 19, 1935.
Mr. George F. Higgins
County Attorney
Missoula, Montana
This will acknowledge receipt of
your letter of February 1, requesting
an opinion from this office concern-
ing the payment of the costs incurred
in a special election held in your
county.
In your letter you state that in Feb-
ruary, 1934, Missoula County filed an
application to the proper governmen-
tal agency for a loan of sufficient
money with which to construct a
county jail. The application was sub-
sequently approved by the Federal
government and an election was
called and held, at which the propo-
sition was defeated by the voters. No
estimate of the expense of calling and
holding the election was ever placed
in the budget, and the expense claims
are now coming to the board for pay-
ment.
While it is true that the application
for a loan was filed in the month of
February, and that the 1934-35 budget
was not definitely settled until Au-
gust, 1934, we do not think that the
44
OPINIONS OF THE ATTORNEY GENERAL
costs of such an election necessarily
were an expense that could have
been foreseen at the time of the adop-
tion of the budget. We have nothing
before us to show that the application
had been approved prior to that time,
and until the application had been ap-
proved
the
county
commissioners
would not be in a position to know.
whether or not it would be necessary
to hold such an election.
However, we do not believe that
this fact is controlling in the mat-
ter, as it is our opinion that the costs
of such an election are "mandatory
expenditures required by law," as
provided for in Section 6 of Chapter
148, Laws of Montana, 1929. (Protest
of Kansas City Southern Railway
Company, 11 Pac. (2d) 500; Johnson
v. Yuba County, 37 Pac. 528; Board
of
Commissioners
of
Montezuma
County v. Frederick, 115 Pac. 514;
Honey v. Jewell County Commission-
ers, 70 Pac. 333; Washington County
Commissioners v. Nesbit, 53 Pac. 882;
Ladd v. Holmes, 66 Pac. 714.)
The commissioners were authorized
to proceed as they did by Chapter 24,
Laws of the Extraordinary Session,
1933-34, which is an emergency act,
and Section 7 of which provides: "All
of the laws of this state governing
the issuance and sale of bonds by
counties,
cities, towns, school dis-
tricts, and other subdivisions of the
state authorized to issue bonds under
this Act, the levying of taxes for the
payment of principal and interest
thereof and the payment and redemp-
tion thereof, insofar as the same are
applicable and not in conflict with any
of the provisions of this Act, shall ap-
ply to and govern all bonds issued
under the provisions of this Act."
See also Shekelton v. Toole County,
97 Mont. 213, 33 Pac. (2d) 531.
Section 5 of the same act requires
the submission of such qestions to the
electors (see also Article XUI of Sec-
tion 5 of the Constitution of the State
of Montana), and it is our opinion
that the lawful costs incurred inci-
dentally thereto are "mandatory ex-
penditures required by law" and the
county commissioners should proceed
under Section 6 of Chapter 148, Laws
of Montana, 1929.
(See also opinion
rendered by this office on November
8, 1934, to Deputy County Attorney
John D. Gillan of Helena).