The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-06-15
ENTITLED TO A CLERK
Opinion Of the Attorney General Of
Importance to coroners
and Justices.
They Are not Entitled to Fay tor
Taking Testimony In In
quests or Hearings.
INT the Law Allows Thorn to ngage tne
services OF = stenoEraphcr ass
Rate Per Day.

Attorney General Haskell has given an
opinion to d. II. Nellsn, . Justice OF sns
pence At Stone Station. Granite county,
that il of interest to justices and corohels
all over the stato. The qusations suo-
pi.ted hy Justice Mellen wers:
"Am / entitled to any compensation Iof
taxing testimony when acting ~ . coroner
or committing magistrate, o. am ! cu....eu
70 q clerk TO take testimony IN cases ot snAs
kind? . r CON
.r,na sayeral DAYS in examination ana sake
ali the testimony Of the witnesses nus com.
nit the prisoner, am l entitled to . fec foz
taking the testimonyY
A a Justice OF the paacc am ensisiea
or allowed to appoint . cietk IN 'nese A'A
Of cnses. il so, who rays him!
..Are not tho county commissioner
ohlioad to furniah cnch Justice OF the peace
viii a copy OF the laws Of Montana y .
criminal docketf'
In reply tho nttorney-general says: ~
When. in a~ccotoance WIN y go shan
Of section $50, a justice OF the peace snn.l
AIT as coroner he shall, for the tin.e pelne.
have the same powers. IN respect 10 snose
duties, rs are given BY law 10 sne ou ~ n
Who's duty he'shall perform, and shsu 90
entitled to receive the same couipen"'
Hnr h10 HNfYlCS6s e~Ss !
,rhe coroner may appoint some auitaDle
,.,aop To take tho testimony IN cases oeioio
him in such a manner rs ne may u'Fscs an9
at the least possible expense TO tne county
:"Ths testimony shall be reduced to writing;
under the c%orone,'' osae,, ara s'0''
hv the witnesses" Secsion o'-. -
'Tha section last above quoted does nov
,unnss the duty of taking testimony upon
ths CORONER. but it provides that 1t sha.l pc
taken uuder the ~ooroner's oraef ana sn1
expense therefor ia a proper anu 'e4~'
charge against the county: ,afo n
.oronsr will consume two, theee or tour
6avsL the testimony being taken GOWN oy q
staroornpher and aftsrwa d. written up IN
long hand by such person. :.l
auppose that the coroner insisss sna! ~ 10
his duty and privilege 70 take WI e.los aaS.
ssvan or sioht days would be consumed In
a.. hsorinp OF suoh case and thereby q
1900 az renae would result to the county
nv reason of the witnesses, physicisns ana
officers bling under pay all OF thas ti"e. "A
case the hearing upon M ln9uose o ~
not consume more than one day when sne
1sstimonv ia taken by . stenograpner tne
conntv would be the gamer BY saving 'ne
fsa. III a inry. witnesses. officers and cor
oner by the rapid work OF . tenoRrapnef:
while il the evidence 10 taken Gown oy we
coroner in long hand ~ wooio 'aAe - 'ea''
fnFe2 uAvS To ~ tAAo WSA"
Ir,as lsctiye of the fact whether the
comfy vouId be benefited by the employ
ment of a Photographed. the law ooes nov
reouire the coroner to take she evioenoe.
but provides in plain LANGUAGE snas me
testimony shall DO Esouceo 70 W1A''nH un0s'
the coroner's order.
must give his time and attention to the
conduct Of She case.
He would not be entitled to any COM
pepsation for taking testimony ~ an IN
qnest. but would be entitled 70 employ .
ernenss for which woule be a ploper charge
against the county. -
When acting as q committing magistrate.
the justice of the peace cannon employ q
clerk at the expense OF the counsy upon MS
" motion, and 1t no snall appolnsa
clerk to take Down the testimony the same
would not b. . proper charge against tne
In sneoial cases whore . Justice Of the
peace sits as q committing magistrate. and
il ia evident that an information would re-
quiz. the taking down wh OF ! ,o1fs
be material. would be the
duty OF the county attorney. who
should be present at the hearing OF such
case. to move the cou:t for an order for the
appointmsnt of some suitable person VINO
is a stenographer 20 take the IN
alOftn0nus III 6uCo , sNS SSOAJ
torney should show the necessity for the
appointment Of such person to take the
evidence. and the Justice in certifying NJ
the same would certify 10 the board Of
county commissioners the necessity there
for, a. tho Same time approving the Din O.
the stenoprapher for his services with
recommendation of the county %attorne,
attached thereto that the same be paid.
In such GASES we do not anticipate tina
the board of county commissioner woul'
refuse to pay the claim of the s~tenoG aphe
for a reasonable compensation Tor takin
the evidence and writing 1t out in lonRhln
for the use of the county attorney upon th
trial in the district court. The justic'
however. would not be entitled to any com
rensation for taking such testimony for th
reason that the law makes no provIs'o
therefor. !.
hoard of county commissioners of eac
county copies of the acts and laws OF eac
session as he causes the same to 10 prlnte
in such numbers that each county. town
ship and district officer may be supple
with a copy.
in accordance with the provisions OF chal
ter three, first division, Code of Civil Pre-
csdure. is the property OF the county an
must by every ~justice upon the expiration
his term Of office be turned over to h
successor together with tine dockets of h
preQeCC6bOtbs W1iCu "6J y Q Ia ~" bopno
sion.
The expense of furnishing all complaint
wits and processes in criminal cases al
the dockets which arc necessary to be us
by q Justice are 4 legal and \ proper char
against the county. Whenever suoh SD
plies are needed. it Ia the duty of the justi
to lay such matters before the county
torney, whose duty it Is TO recon
the board Of county commissioner that :
same be fu nished such justices, and I
ole,k uron delivering the same 10 b
should charge the Justice with them a
take his receipt therefor.
We conclude that a justice OF the PCS
when acting AS corone or the coroner.
not Obliged under the law 10 reduce
testimony which is taken before the c.
oner's jury to writing, but that the sa
shall be taken under his O der. the rxl 81
for which Is q proper and legal cha
against the county commissioners, the
for the same TO be rendered to the couI
by the person performing the service. IT
a Justice of the peace Is not entitled to &
compensation for reducing the TESTING
to writing in the hearing of any cause l
before him. That in certain cases. vi
the county attorney shall by motion
writing move the court for the appointm
of some suitable person to take the r.
mony, and it shall appear to the court 1
the necessity exists therefor. IL ia within
poWer to make the oder In the premi
and the expense for taking such testim
would be q proper and legal charge aga
the county.
Eun. prbltcut,Oua In the printarss Hay