The Mineral argus. [volume] (Maiden, Mont.) 1883-1886, 1885-08-13
THE SHERIFF ImBROCLIO.

The turkey tender of the Husband I
man takes umhrage at one sentence in /
our article on the sheriff question. 1t
has but little To say in reply on the !
merits of the case, but because we said !
it lis intimated that the under-sherlii
was disappointed in not receiving the
appointment and in retaliation had
formed collision with Coroner kumpe
To deprive Read OF the Office" he drops
his editorial shears long enough to
write as follows:
This is diabolical ialsehooi. Nh.
Green the very efficient under-sherln. has
perfnruei the business oi til" sncriN
office since his appointment, Mr.: Howeii
scarcely having performed AN Official act.
and the appointment oi sherill was zen
aered him as the first choice oi the Conn
missiorers aud the insinuation that he
| would sinop H. any connivaflce ia the mat
Ter. results from the utter Ignorance al the
publisher in regard to the character oi the
man.
Mr.. Green has no part in the controversy
whatever and doe, not want the Office of
sheriff. even though the Commissioners
had the appointing power. This. however
they have not, and the provisions oil the
statutes quoted by the Argus prove the Tact
that when Howell resigned kuinpe became
sheriff, and there was no vacancy 10 DE
filed
When anything is Eliminated" we
doubt very much whether it can be
properly called falsehOod. We made
no positive charge and have no desire
to do Mr.. Green an injustice. but we
had TO account for his action in turning
over the keys to kumpc, in some way,
and as the paper published ut the
Springs was never known to contain Il
lucid statement of anything occurring
there. We had to draw our conclusions
at long range. MIR. Green should have
performed the duties Of the Office until
Mr.. Howelfs successor was appointed.
We maintain that the Commissioners
have the appointive power and shall SO
hold until compelled to submit to II
higher authority than the Husbandman
aud White sulphur Springs lawyers.
There WAS no vacancy in the Sherlli's
4, Office, until Mr.. Howell's resignation
was accepted by the Commissioners,
:, then that body filled the vacancy a.
the law says they must. Why did the
: sheriff send his resignation to the Com.
4, missioners if they are powerless to ill
> the vacancy? Perhaps he should have
sent i, to Coroner kumpe. Appar
emily this whole trouble arises owe
conflicting clauses in the statutes. Ii
such eases however, it is customary o
rulable to recognize the latest author
p" i,y bearing on the question involved
= We would also ask whether the prec
" edents established in other counties Il
" the Territory have not some weight o
!. the question?
Since our article appeared in tn
" ARGUS, District Attorney Hunt la
instructed l.. Rotwitt, deputy clerk {
the District Court. To recognize Ia
Reed, the appointec Of the Comnii'
sioners, us sheriff. This is what tn
~ Uu,bandman calls an extraordinar
:" decision. 1t says:
"Mr Rotwiit, deputy clerk of the hi
x. trict Court has instructions rom u
81 District Attorney Ia the etlec, that he nu
recognize Tai Reed. the appointec of I'll
~ Commissioners, a. Sheriff ut the count
ne and is bound to deliver IT, him the venir,
-. tor sunInoning the grand and petit juru'
~ and subp,rnas In criminal actions. III
ne for the extraordinary decision at the Di
i'm trict Attorney the advisor oi officials a.
their duiie- the matter might have bee
IL settled bv the supreme 'our; which col
* venc> IN Helena next week. Eut since !
has decided - firmly in the matter ]
W cannot be expected 4" bring an action !
IN determine the case ia court and the re>tl
will most likely. be that the jurors ioi I'll
- SeiieInher term of Court Will bc Illegal
summoned. thereby aycriing the speed
trial of some ease. ana eau ing unnecessar
expense, which tine taxpayers viii not |
ne willing To have the county pay.
a. What a wall in behalf Of the ta'
u payes, with nr. kumpe still ON dccl
nj OF course the District Attorney is I'll
ne advisor of county officials regardin
v, the duties and functions Of their office
he and the instruction given 10y Mr.. Hun
A. is virtually decision in the case.