The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-15
LOOPING OFF THE FAT
The Chief of POliCs and City Marshal
Lose $50 a Month Each.
THAT IS THE NEW ORDER
II Has Been Discovered That There
Is No Law Allowing Those
Officers Any Salary Out OF
the County Funds.

BUTTE, March 14.-The city marshal
and chief of police have for years received
$50 a month yeach, which they were paid
by the county as ex-ofiicio constables. BY
one fell swoop that part of their emolu-
ments was stricken out to-day by the
county commissioners. Several weeks ago
the commissioners conceived the notion
the two officers were not legally entitled
to the $50 a month extra, and asked for
an opinion from the county attorneys
office as to the law on the matter. The
opinion, in writing, was handed the COM
missioners to-day, and is as follows:
The Honorable Board Of County Commission
err, SuUcT BOD County:
GENTLEMEN:-In response to your inquiry
whether or not city marSnals and cAitfs OF po-
lice OF Incorporated cities are entitled 10 the
same fees as cOnStabeS for similar services.
beg TO submit the following: The compensa-
ton and fees which officers are or may Oe en-
titled to is wholly question of statutory con-
structlon. IL Is a well sett ed principle OF law
that officers are entitled TO no other cOmpenSa-
ton or fee than those expressly granted. not
withstanding the fact that additional duties
may be imposed upon such officers; hence in
the determination OF this question IL will be
necessary TO review TIL provisions OF the
staIut to arrive at "A conclusion. section 357
OF the NTH division, general laws OF
Montana. as amended at the 10th
session of the territorial legislature.
and subsequently amended at the third session
OF the state legislature In 1888 provides for the
appointment OF city marshal ana the duties
of such officer. Among the duties and powers
granted To the city marshal in this section Is
cited the following as bearing upon this ques-
ton: "ln the discharge of his duties ne shall
possess like powers and be subject to like re-
sponslbities as are constabes IN the county.
provided that he shall not have power TO serve
any writ or process in any civil case or proceed
ings except when the city is n party thereto. "
This clause OF section 3D. as amended. Is the only
ana mi raft nfars off
marshal the powers and responsibilities of con-
stables. The word powers in a legal sense
means 1.-THE right. ability or faculty OF do
lug something; the recognized authory by
which one person enables another TO do
some act for him" The word responsibility,
when used in legal sense means 1.-THE reSpOn-
sibility for an act done and to repair any injury
IL may have caused" constituting these Two
provisions then OF the section together, II the
legislature intended by the use OF these words
to convey anthing whatever, they certainly in
tended 10 convey the fact that city marshal
OF an Incorporated city had the authority to
serve processes in criminal cases. ana when he
SO served any process, lie became answerable
for any injury caused by the same the same as
constables A salary was fixed by the egisla-
ture at the same time which the legislature ev
identity intended should be in remuneration for
all services. Therefore, conclude, that In re-
lation TO the city marshal. white the statute con-
fers the powers and imposes the responsible
ties OF cOnstab.es upon cay marshals OF incor-
p rated cities. no provision being made
that the city marshal shall receive any
additional compensation therefor, that the city
marshal is entitled 10 no lee by reason OF the
powers and responsibilities imposed in section
$50. | also found upon exam inatiOn of the
statute that section 36l OF the fifth division i,
general laws has been amended by an act Ivy
the third session, 1898, so as to make the above
apply with the same effect TO the chief of po-
lice except in cities of the second class, in
which class the chief OF police Is allowed fees
OF constable. You Will therefore refuse the
above eX-oficio constable fees of the marshal
and chief OF police. Respectfully submitted,
melvin L. WINES,
County Attorney.
The decision affects the bills of the mar
shall and of the chief of police for the past
three months which have not been al
lowed yet. The fees which are knocked
off have been paved by the county since
1887 and the two city officers have always
considered themselves justly entitled to
them. In looking up the law and facts in
the matter the county attorneys Office
discovered the interesting facts that the
system had its origin during the time of
Jack Jolly as marshal, and grew out of an
effort to down" that officer. Jolly was
paid entirely in fees and made big thing
out of the marshaps Office. For the pur-
pose of abridging the emoluments a bill
was passed through the legislature Great
ing the office of chief of police and reduc-
ing the marshal to a strict salary. The
law made the chief of police an ex-ofIicio
constable and provided that a salary
should be paid bv the county. When
Jolly went out of Office the commissioners
were persuaded to pay consIab.e's sal
airy to his successors and the custom has
been kept up until now.
AS stated in Mr.. Wines opinion, the
law was, a few years ago, amended SO
that the $50 salary could no longer be
legally paid to the chief of police.
Mr.. Wines to-day also sent a commune
cation to the commss toner's regarding the
business of his own office. He stated that
between now and July |, ii would be in
4.
officers in connection with the new
duties imposed on them by the new
codes. Besides the work thus created
there are two murder cases, one of which
has been removed TO Jefferson, and will
be tried early in April, and the other is
set for trial in this county on April 3. Mr..
Wines said he would require assistance
in one or the other of these cases. Under
the new codes the jurors, witnesses and
constables and justice courts will come
under a new procedure after July l and,
in the opinion of Mr.. Wines, the
justices should be instructed fully
in relation TO that provision of the new
code He further stated that at present
there are six civil cases set for early trial.
in which the county is interested. and
there are n number of forfeited bonds
upon which he has determined to begin
suit for collection and has SO notified the
bondsmen. At present there Is no law to
permit the county attorney TO employ
assistants except by permission of the
commissioners. aud in view of the facts
stated and the large amount of work now
pending IN his office. the county attorney
asked that the commissioners give him
permission to employ such assistance as
he may require until July 1. at which time
the new code provides he shall be allowed
two assistants to he named by him within
30 days after the codes go into effect.
In accordance with the request the
commissioners made an order authorizing
Mr.. Wines to employ such assistance as
in his judgment is necessary from March
| to July /, but not TO exceed two men
whose compensation shall not exceed
Sl25 per month and to be paid in warrants
on the contingent fund.