Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-25
SOURCE
OF REVENUE
Cut From the Police Magistrate
and Chief OF Police.
A DEMAND TO BE MADE FOR
The Return of the Money Already
Paid Them by the County
--COurt Notes.
A DEMAND TO BE MADE FOR

In all probability the present police
judge and chief of police will no longer
draw from the county their regular $41.65
per month for acting as eX-ofIicio justice
of the peace and constable respectively
and will be requested by the board of
county commissioners to pay back into
the Golfers from which the money was
drawn something over 5000 each.
A short time ago the commissioners of
Lewis and Clarke county asked the at
torney general for a written opinion as
to the legality of recognizing the services
of the two officials named and it was
given the document being as follows:
Prospecting the inquiry which you
made as to the right of police magistrates
and marshals to collect fees for services
rendered in crimina cases, l considered
this subject on a former occasion through
inquiries made from Great Falls and
Anaconda. and held that no right existed
under the paw to collect from the county
for services rendered by those officials in
criminal cases.
SECTIONS 4765 and 4769 of the political
code expressly SO provide, the former
having relation to police judges and the
latter to chiefs of police. 1t is true that
the code provisions as SUCH prescribe
fees for committing magistrates and con-
stables, but ever though those code sec
tiOns confer the right upon those offlclals
to collect fees. the sections referred 10
expressly provide in the one case that
in all criminal actions or proceedings
arising under the criminal laws of the
state when a police judge acts as a JUS
tice of the peace or committing maglS-
trate he must receive no compensation
whatever; and in the other case 1t is eN-
pressly provided that the salary provided
p,,,ct no in f,11 for all services. and that
no fees. percentage or additional COM
DensatiOn must be given to or allowed
him. 1t is true thai the latter provision
might be susceptible of the construction
thai no fees. percentage or additional
| comDensaion must be given or allowed
him for any labor he performed, or any
! act done for the municipality. The Ian
guaee. however. is not limited in its
scope. and the supreme court of the state
in a decision made a short time ago an
nounced the doctrine that where IAN
euase is general there is no authority to
confine it to certain prescribed cOnd1-
tions. Injustice may be done by requir-
ing those officials to perform duties with
out compensation. but it is an injustice
that arises through Legislative action and
can only be removed through legislative
action"
The county commissioners of this coun-
ty have decided to demand the return OF
the money paid J. J. Farrell, the police
'ihN A'''N
MAGISTRATE. and Mr.. Mulholland, the
chief. and refuse to honor their alleged
right to the money for the two months
of their uneXpired term. During the ~
months they have held office the county
has paid them 1916. 80 each. Realizing
that the opinion of the attorney general
is simply that of one man, the commls
sioners will. in case the money is not re-
funded, bring suit against them ana nave
the matter determined by the supreme
court for all time to come.
Judge Clancy heard a few minor mat
tiers his morning. Among other things ne
listened to the attorneys for the p!alntl1f
in the case of Bordeaux VS.. Bordeaux adj
nit the contents of a demurrer to the
amended complaint and then by consent
of counsel he sustained it and gave the
plaintiff ten days in which to further
amend the complaint.
The trial of the case of the state VS..
Jacob Janicksela was set for the 2Sth. The
defendant is charged with having as
saulted Con MAXI with a knife.
Harry Blumkin has filed an answer to
the amended complaint in the suit