State v. Hale

MR. CHIEF JUSTICE ADAIR:

(dissenting).

R. J. Hale was the duly elected, qualified and acting county surveyor of Missoula County, Montana, from the year 1946 to and including the whole of the year 1950, during which time he was also a member and the secretary of the Missoula County Airport Board, which, pursuant to legislative authority, had been duly established by resolution of the board of county commissioners of Missoula County.

As county surveyor Hale was a county officer, — his salary was fixed by law and his duties were prescribed by law. These included the duty to “make all surveys,…