The Helena independent., 1894-12-19
THE MONEY HUNG UP.
BOARD OF THE FEDERAL PRISONERS,


The case Of the State OK rel. Chas. -. |
Curtis versus the county commission.
crs OF Lewis and Clarke county, came
up IN the district court yesterday. This
II an action brought by sheriff Curtis
10 compel the county commissioners
Co pay him the full amount allowed by
the United states government for the
care OF federal prisoners. During the
year about ended. there were, nt times,
as many as 100 United States prisoners
confined IN the county Jail under the
care aud In the keeping of Sheriff Cur
tis. These prisoners were nearly every
one Coxeyltea.
The government allows counties
ninety-thrce and one-thlrd cents per
day for the Keeping OF each federal pris-
oner. The county pays Sheriff Curtis
sixty cents per day for the care Of prls.
oners In his charge, Now the county
commissioners believed that the county
was entitled 10 the difference paid by
the government for federal prisoners
ana the amount allowed the sheriff by
the county This difference Is thirty
three and one-thlrd cents per day on
each federal prisoner or $40 month
Tor each OF such prisoners. Heretofore
Sheriff Curtis and the sherlfrs preced
Ing him have been allowed the extra
thirty-three and one-third cents with
out question. 1t is believed that there
has been no county In this state where
the question came up
The case then Is an important one.
as II effects every county I'm the state
where federal prisoners have been or
may be held. Ii Is a question of law 10
decide To whom belongs the $40 a month
for federal prisoners In excess Of the
sls per month allowed the sheriff by the
county. There Is no quarrel between
the county commissioners and the sher-
III, for the case was brought through
the action OF the commissioners, who
wanted to test the matter.
Sheriff Curtis presented his bill for
boarding prisoners, but as he could not
get warrants for the amount, he APP
piled TO the district court for an alterna-
tive writ OF mandate compelling the
commissioners 10 deliver the warrants
or show cause why they would not
This matter came up yesterday and the
writ was denied, the court holding that
the commissioners could not be com
PEELED to make out or issue to the sher-
lf the warrants for the full amount OF
his bill
In his complaint. Sheriff Curtis al
leges thAt he performed services in
boarding prisoners confined in the
county jail for the quarter ending Nov
80. 1894. and was entitled TO receive from
the county for such services expenses
and fees. $79i79; that he presented his
account at regular meeting of the
board. and that II was audited, allowed
and warrants for the amounts due were
Issued and signed by the chairman, but
that they were not delivered to him by
order OF the commissioners. Sheriff
Curtis further states in the complaint
that on Dee. IA he demanded the war;
rants so made out 10 his order. but the
commissioners refused 10 allow them 10
be delivered,
The county commissioners, in their
reply, admit that the sheriff performed
the services as alleged, but deny that he
was entitled to receive $79i79 from the
county, or any greater amount than
$336.79, They say that during the year
the jail has contained numerous United
States prisoners. and that for each Of
such federal prisoners the county Is
entitled to receive $40 per month from
the government. They further allege
that the sheriff has collected various
large amounts from the government for
federal prisoners. which he has failed,
neglected and refused TO turn over 10
the county, although often requested
so to do The answer of the commits
sloners also AYERS that the amounts 50
received for the county from the gov
ernment on account of the occupancy
Of the jail by federal prisoners Is largely
In excess of the amount alleged TO be
due the sheriff. and that upon lnfOrma-
tion and belief the commissioners aver
the fact 10 be that the amount SO col
leeted and held In such manner Is In ex-
cess OF 81, 900.
The commissioners also state that
the warrants were Issued upon the un-
derstandinE that they should be hand
ed over To the sheriff upon his account
ing to the county for the sums received
by him but that the sheriff refused and
still refuses 10 settle with the county
for the amounts received, and that the
mmissioners retain the warrants AS
credit upon the alleged Indebtedness.
To this answer OF the commissioners,
Sheriff Curtis made n reply In which
he denied every material allegation.
AS the matter stands now, the county
commissioners will not be compelled to
deliver the warrants 10 Sheriff Cur tls
While Il Is n victory for the comm's.
sioners, the case will probably be
brought up again within sixty days.
Sheriff Curtis Is determined not To let
the matter rest here, but did not know
last night what course his attorney
would pursue II is likely the supreme
court viii be called on to decide the