The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1881-06-17
THE SHERIFFALTY.
The Points the Commissioners pead-Loeked On.

Subsequent TO the April meeting Of
the County Commissioners Sheriff Lou T..
Smith resigned. Mr.. Thomas Strang had
qualified under his election as Coroner, and,
by advice of counsel, on the resignation Of
Mr.. Smith flied his oath and bond and en-
tered on his duties as Sheriff under section
4l5 Of the Revised Statutes, which provides
that When there shall be no sheriff in the
"county organized for judicial purposes 1t
"shall be the duty of the coroner TO exercise
call the powers and duties OF the sheriff Of
"his county until a sheriff be elected and
"qualiRed."
When the Commiss' oners met last week the
question was raised ais Il in the power or
the duty of the County Commissioners to ap-
point sheriff." Section 557 of the Revised
Statutes was read M follows: "When at any
time there shall be in any county or township
Offices no Officer duly authorized TO execute
the duties thereof, some suitable person shall
be appointed by the County Commissioners
to perform the duty OF said Office"
Mr.. Zenor held thai there had been no va
cancy In the Office Of sheriff; that the success
sion had been provided for by law; that Mr..
Strang had qualified rs required and that the
Commissioners had nothing 10 say in the
matter. We believe District Attorney May
hew gave this as his opinion, but the opinion
was not given In writing.
Messrs. Morse aud Batterton held va
cancy existed in the sherifalty, that un-
der the decision Of the Supreme Court by
Judge Wade In the case appealed relating to
the Police Magistrate of Butte, that an ap.
pointment was equivalent to election, cor
oner qualifying as sheriff only held until the
commissioners should appoint, and further
that a coroner acting a. sheriff had not the
power to appoint under-sheriffs, deputies or
Tailor. They therefore decided to appoint a
sheriff. But each had a candidate and M
Zenor declined to vote 80 the. Commissioners
dead-locked and adjourned, Leaving Mr.
Strang in possession of the field.
An examination of the law convinces US
that ir Mr.. Strang was the properly qualified
coroner of this county he had the right to
qualify az sheriff upon the resignation of Mr.
Smith, aud having NO qualified he has all the
powers and duties of the sheriff, including
the power to designate deputies, and can hold
uatii the general election In 1882. No vacan
cy existed for the Commissioners to fill. We
do not know that the District or Supreme
Couct will take the same view OF 1t, and we
are not speaking for them, but 1t appears Q
plain case to us.
The Legislature, by section 415, made spe
cifc provision for the coroner TO succeed a
sheriff to prevent an iuterregnum, just as 1,
provided that In certain cases the Probate
Judge or Commissioners should appoint. II
there had been no coroner or he had failed te
qualify, then vacancy wound have existet
and IL would have been the duty of the Com
missioners to appoint sheriff. The decision
that ian appointment il equivalent to Al
election" IL such az one there was, may gc
the extent of declaring the acts of an appoint
ed officer as legal as those of an elected
one, add makes his tenure and Jurisdiction
secure, but II would hardly involve the idei
that the Board of County Commissioner
have power TO sunmarily end by appoint
ment term running until the next genera
election. II that should be the law IL wouit
be applicable to all officers, M wet as to
corooer serving as sheriff. The statute fur
Their provides that such officer shall "exer
else all The powers and duties OF the shc-;'
OF his county" IL the Sheriff has power b
appoint deputies, IL follows that the power !
conferred on his successor. The only thin
that seems In doubt IL whether Mr.. Strang
sheriff or "coroner and er oDicio sheriff." o
acting sheriff" That, however, makes bu
little difference, rs, should his tile be othe
than sheriff" he can amend his returns 4
that particular.
We regret 10 differ wi.h the majority Of th
Board, but IL looks TO us that they were 1
error