The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-09
Mr., TURNER WINS II
His Case Against the Board of County
Commissioners Decided.
JUDGE M'HATTON'S OPINION
1t Is OF Importance to Justices OF
the Peace and Justice Court
Litigants-1 he Respondent
to Pay Costs. Also.

throughout the state, and especially l
justices OF the peace, county commits
sioners and justice court litigants. TIL
case in which the decision was mad
was an appeal by Police Magistrate II
+. Turner from the order of the boar'
Of county commissioners disallowini
his fees in criminal cases in excess o
$50 a month. and was decided In favol
of Mr.. Turner.
Judge McHatton's opinion in full Is
as follows:
r.. F. Turner, appellant, VS.. board oi
county commissioners Of Silver Bow
county. respondent. This is an appeal
from an order Of the board Of county
commissioners disaliowing the claim OF
the appellant against the county for
fees claimed 70 be due him as eX-offlcio
justice Of the peace to the amount of
$50 per month for services rendered. as
such. in criminal cases pending under
the laws Of the state The claim is
based on section l of an act to provide
compensation for Justices Of the peace,
laws Of the 18th session, and section
1886 Of the fifth division, compiled stat
utes. The appellant was elected police
magistrate OF the city OF Butte, and be-
gan the duties of his Office on the first
Monday I'm May. 1895. At that time sec
utes of Montana. was In effect Section
372 is as follows:
Section 372. The police magistrate of
a city OF the first class shall be paid n
salary to be fixed by ordinance. I'm fun
compensation for services rendered the
city, not exceeding fifteen hundred dol
lars per annum. and OF cities of the
second class, a salary not exceeding six
hundred dollars per annum, and shah
be entitled TO receive the fees which
now are. or may hereafter he allowed
by law TO justices of the peace in all
civil actions and in criminal actions or
proceedings arising under the laws Of
the territory when acting as n justice
Of the peace.
on July ], 1895. section 4765. political
code Of Montana. went into effect. Sec
tion 1865 IS as follows.
Section 47G5. The annual salary ana
compensation Of police judges must lie
fixed by ordinance, and I'm a city Of the
first class must not exceed for all ser
vices rendered two thousand dollars: in
a city OF the second class must not OK
coed one thousand dollars and i'm a city
Of the third class must not exceed four
hundred dollars. and I'm addition. n no.
lice judge Is entitled to receive I'm all
civil cases the fees which are now and
may hereafter be 9llowod Justices OF
IN" peace; in all criminal actions or
proceedings arising under the criminal
laws Of the state when acting as a
Justice Of the peace or committing mag
lstrate. he must receive no compcnsa- |
tion whatever.
The appellant claims that he Is on
itled 10 recover under section 80. com
piled statutes Of Montana. the fees nra- |
= Ilhed by section l Of an act to pro- /
NIde compensation Of Justices Of the /
peace laws or the 10th session, to the /
amount limited by section 1906. 0ftb |
iNlsion, compiled statutes Of Montana |
and in support Of this contention re-
les upon section g. article Of the /
CONSTITUTION Of the state Of Montana I
which is as follows:
Section n. Except as otherwise rro-
'ided in this constitution. no law shall
extend the term Of any uubIic on1cor
% increase or diminish his salary or
monument after his election or an
'ointmcnt; provided that this shall nor
20 construed 70 forbid the legislative
isSe mhiy from fixing the salaries or
monuments Of those officers first aIart /
ri or appointed under this conetit,,-
ION where such salaries or emolumcrts
IRE not fixed by this constitution
me respondent suggests that tho Of
Ice or police magistrate of the CITY of
Butte Is not office provided bv Tho
Of this state. hut is ono
reated ny tho legislative assembly un-
Ter and 10y virtue % the provisions ~ /
section "a article OF he constttutio,
'or the purposes Of this decision I viii
luote section %. article 6. and also SEQ
ion 6. article 1C.
Section a. The legislative osson,hI,.
nan have power u provide for the Gro
.ung Of such police and murIciD,l
ourts and magistrates Of cities and
WIS as may be necessary from time
g IN
III cases arising under the ordinance
Y such cities and towns rospoctivolv.
uch police magistrates may also be
ohsututed eN-oflicio Justices of the
'eace for their respective counties
section 6. The legislative assembly.
nay provide FOR tho election or an
ointment or such other COUNTY. town
MP precinct and municipal officers as
unHc convenience may REQUIRE op1
heir terms OF Office shall be- nc -
crlbed by law, not On any case 70 e~-
eco TWO years, except as in this con
titution otherwise provided.
iNtslonnent contends that the apppl- /
ant not being constitutional officer .
ne provisions OF section 81. article :
. not apply, and submits that the
uestion involved IN this case Is y.bs,b
r or not the constitutional provisin,',
I section 81 apply only 20 the officers
roNlded for by the constitution .rE
lch othcers as the constitution saws
han b. elected, or does il ais, incI,r5.
ich officers as are created bv tho Is,.is-
-tlNe assembly, as police magistrate
ounsel Tor respondent argues that il
lcludes the former. but not the latter
no points out that the distinction he
Neen the officers Of these two classes
ay be observed from the opening sen
noes Of sections - and "a. article of
le constitution, wherein We observe in
cuon 20 There shall be elected i'm
.ch organized township and I'm each
'unty, by the electors Of such town
ZIP, al least two justices Of the peace
g., while section - says. The lorfs- ,
tive assembly shall have power 10 !
divide FOR the creating Of such police
10 municipal courts and magistrates I
z cities and towns as may be deemed {
cessaTy-' This argument I consider .
ia most respectful manner. but Z
b unable 10 see the distinction sought
be pointed out bg ia In favor OF re-