The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-08-19
Interesting Question Presented in
an Appeal Of the Utah and
Northern.
Deputies Sworn in to Preserve
Peace at Request of the
Company.
hut 1t Is Held That tho Corporation Ii
No Bound to Pay Their
Expenses,

Inc papers were received by tho clerk OF
the supreme court yesterday in the appeal
of the Utah and Northern railroad from the
findings of the Butte court in the suit of Il.
ID. Sullivan against that corporation. Sui
Ivan was sheriff Of Silver Bow county in
1886, when there was a strike among the
employees of the Utah and Northerna at Butte.
He swore in a number of deputies to help
preserve order and to protect the property
of the company. For their services he
claimed to have paid out st, 295, and sued
for the money. On April "a last the jury in
Judge MoHatton's court awarded the ex-
sheriff 81, 154.25. 1t ia from this finding
that the present appeal is made, and the
Judgment of the supreme court is expected
to settle some very interesting questions.
Ex-Sheriff Sullivan claimed that on May
8, 1886, he was summond to the Office Of
Sam Word, who was then supposed to be
acting in the capacity of attorney for the
Utah n Northern. He was told then that
there was a strike going on or about to
take place. and asked to prevent a riot and
to protect the company's property in the
yard. He said he would be able to do go
with his regular force of deputies, but Cen
eral Agent G. W.. Scott did not think so.
and at the instance Of that gentleman he
swore in sixteen additional aids. After
wards Assistant Superintendent Leslie re-
quested the sheriff to swear in fifty or more
additional deputies at the expense of the
railroad and at the rate of S. a day. He
asked for a written request to that effect,
n it was given him. The paper, how
ever, was destroyed when his house
was burned later On. In the hir-
ing of extra deputies and their
board at the place the sheriff
claimed to have contracted an expense Of
Of 81, 295. At the trial in the lower court
the railroad people asked that the jury be
instructed to ind for them. This motion
exceptions had been taken during the
course of the trial, and it is on these that
the railroad company takes its appeal.
The brief of the railroads counsel, filed
with the appeal, says that Sullivan, at the
time the money was advanced. as alleged.
for the benefit and at the instance of the
company, was the sheriff of Silver Bow
county; that the company, fearing a riot
II disturbance among it's employ s and q
consequent destruction Of property, called
on the sheriff to preserve the peace, and to
put on as many men as he might deem NEG
sheriff told the officials Of the road
that he could preserve the peace with
his force of regular deputies; but that the
officials requested him to put on a larger
force and that they would see that the
company paid the expenses of the men em-
ployed at SIS q day; that the sheriff depu-
tized a large number of men who were set
to guard the railroad property, and that
the major part of the money sned for is for
the services of these men. 1t is commended
on the part of the company, however, that
the agreement of the railway officials to
pay the sheriff for the services of these
special deputies was void, for the reason
that it was in violation of the statutes of
Montana and against public policy. 1t is
commended that the statutes of Montana in
force at the time of the alleged payments of
this money, defined the duties and fixed the
compensation of the sheriff and his
deputies, and that it was unlawful for
the sheriff to charge or receive any COM
pensation either for himself or his
deputies, for any services performed in his
official capacity, or incur any expense other
than as prescribed or allowed by the
statutes. 1t is further commended, that any
contract or agreement to pay a public Off
Ger for services rendered either'by himself
or his deputies, where no fee is fixed by law.
or for any addition to the fee liked BY law,
is void as against public policy; also, that
it was the duty of the sheriff to preserve the
peace when called upon, and to call to his
assistance all necessary aid to effect tina
purpose, and that it was Unlawful for him
to exact any promise or agreement from the
company as a condition precedent to his
exercising the powers and functions of his
Office In preserving the peace.