163 P. 470 | Mont. | 1917
Opinion:
Application under section 6951, Revised Codes, by S. C. Ford, attorney general, for an order directed to William Cutts, requiring the latter to show cause why the attorney general should not have leave to file a complaint in the nature of quo warranto to try the right of William Cutts to act as a member of the House of Representatives, Fifteenth Session. The petition shows that upon the death of Jerry J. Flanigan, a duly elected member of said House of Representatives for the county of Silver Bow, the governor of this state issued to Mr. Cutts a commission as such member to fill the vacancy thus caused; that such commission was presented to the House of Representatives and referred to its committee on privileges and elections; that pursuant to the report of said committee Mr. Cutts was seated by the house as such member, has since acted, and will, unless ousted, continue to act as such.
The application is denied.