State ex rel. Geiger v. Long
Montana Supreme Court
Original application for mandamus by the state, on the. relation of John H. Geiger, against Philip R. Long, as clerk of the district court of Lincoln county.
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Original application for mandamus by the state, on the. relation of John H. Geiger, against Philip R. Long, as clerk of the district court of Lincoln county. An ancient and universally approved maxim is that contemporaneous interpretation, or construction, or exposition of constitutions or statutes, whether by the court or by the framers of the Constitution, or by the law-making power, or by the officers charged with the execution of that instrument, of any enactments, which are based thereon, or by the silent, but none the less effective, tacit consent and approval of the people, is the;…
1Opinion of the CourtJustice Smith
By an Act entitled “An Act to create the county of Lincoln, designate its boundaries and provide for its organization and government,” being Chapter 133 of the Laws of 1909, the legislative assembly erected a certain portion of Flathead county into the county of Lincoln. Section 3 of the Act reads as follows:
“That the town of Libby, situate within the boundaries above mentioned, shall be the county seat of said county of Lincoln, until the county seat of said county shall be designated as hereinafter provided. And for the purpose of definitely fixing and creating the county seat of the county…
2Cases cited8 opinions
- Territory of Arizona ex rel. Sherman v. Board of SupervisorsArizona Supreme Court · 1887
- Doan v. Board of CommissionersIdaho Supreme Court · 1891
- Attorney General v. Board of County CanvassersMichigan Supreme Court · 1887
- County Commissioners v. StateSupreme Court of Florida · 1888
- Sackett ex rel. Sackett v. ThomasMontana Supreme Court · 1901
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3Cited by5 opinions
- State Ex Rel. Lemon v. LanglieWashington Supreme Court · 1954
- Hersey v. NeilsonMontana Supreme Court · 1913
- State ex rel. Stuewe v. HindsonMontana Supreme Court · 1912
- Poe v. Sheridan CountyMontana Supreme Court · 1916
- State Ex Rel. Lemon v. LanglieWashington Supreme Court · 1954