Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1898-01-05
WAITE REPLIES.
Allegations made by Examiner
rlarony Fairly Met.
Our Sheriff Explains Every Item Which the
State Examiner Claimed to Have Been
an Overcharge.

county commissioners Monday last:
LEwIsTowN, Mont. Jan. 3rd, 1897.
To the Board of Commissioners of
Fergus county, Mont. Gentlemen:
Herewith 1 submit a statement
relative to the charges of excessive
fees alleged to have been collected by
me from Fergus County, and men-
TONED i'm the report of Mr.. Morony,
state examiner, made to you under
the date of November 18th, 1897.
Relative to Mr.. Morony's state
ment that l charged excessively in
asking 75 cents per day for the board
OF prisoners, l have to say that at
the time l began to charge this
amount, my attention was called to
the annexation of section 4605 of the
Political Code, in accordance with
which L believed was entitled to 10
cents per diem for such board. (See
section 1905, Political Code, and an
notation.) l was informed at that
time that other sheriffs in the state
were asking and receiving the said
sum of 30 cents per diem for the board
of prisoners, and this W as the opinion
of the deputy state examiner who
visited Lewistown at the time that
this matter was under discussion by
the board of commissioners. / be-
lieve that under the section referred
to l was justified in making this
charge during my first term of office,
and until the beginning of my pres
ent term. i returned to the county
S4S.75, excess for the months of Jan
uary and February, 1897, as it was
decided that L was entitled to but
30 cents per diem for such board dur
ing my second term. / called the
attention of the county commits
sioners to this matter at the time,
and 1T was agreed that l was en-
titled to 75 cents per diem for board
during my first term.
Relative to the state examiners
criticism of the bill of June Sth, 1895,
for transporting a patient to the
insane asylum, / wish to say that
in accordance with an opinion of
Attorney Gen. Haskell, dated March
14th, 1892, it appears that the fees
of the sheriff's Office were regulated
by section 6, page l4S. of the session
laws of 1889, and under said section
sheriffs were allowed 20 cents per
mile for the officer in charge. l am
advised that my fees were regulated
by said section during my first term
of office, 1S95-lS97. At that time the
state allowed these fees for transport
ing prisoners to the state peniten-
tiary, that lis prior to July 1st, 1895.
1t would appear, therefore, as the
services rendered mentioned in the
examiners statement were rendered
b fore the codes came into effect,
that the charges were correct, and
properly allowed.
Relative to the item of the eXami-
ner's report concerning the transpor-
tation of the prisoners Ellis and
Keerl, at 20 cents each per mile, i
contend that the charge was prop
erly made, in accordance with the
provisions of said section q, page
l4S, of the said session laws OF 1889.
explanation of this criticism is neces-
sary.
Relative to- the examiners criti-
cism concerning the transportation
OF two boys to the state reform
school, 1 would say that this charge
was made according to the law in
force at the time of the beginning of
my first term of Office, and 1 was at
that time advised both by the county
attorney and the commissioners
that the charge was proper.
Objection is made in said report
to my charge for taking an extra
deputy to- assist in taking an insane
person, John Curtis, To the insane
asylum. This was made necessary
by the violence of the said Curtis,
and was advised both by the COM
missioners and the district judge.
The man was dangerously violent
and it would have been impractic-
able for me to do otherwise.
The allowance for team hire was
duly made by the commissioners,
and their action i'm this matter is Of
record. The team hire allowed dur
ing my first term was simply a COM
mutation of expenses, and, in my
| opinion, in no way violated the law
under which ! was working at the
time it was charged and allowed.
Ian examination of the bills men,
toned and adversely criticised by
the state examiner will illustrate my
statements relative thereto.
Respectfully submitted,
| JOHN ID. WAITE,
| sheriff Fergus Co.
| The foregoing reply, together
with the report of Examiner Mo-
rony, was considered by the com.
missioners Tuesday and after due
deIiberation and examination into
the. facts, the board on motion of J.
|. Corbly, Democrat, adopted a
resolution generating Sheriff
IWaite from any, each and every
allegation made by the examiner.
Don't Tobacco Spit and Smoke Yocr Life Away.
To quit tobacco easily and fJrever. be mag