Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-19
VOLKER MAY
HOLD HIS JOB
People Who Elected Him Are
Held Responsible.
so RULES THE COURT
Deputy Rhoades Fined $40 For Con-
tempt--Case Will Go to the
Supreme Court.
so RULES THE COURT

The grand-stand play made by the
Anaconda wing of the democratic party
last fall a year ago to catch the German
vote of the county by throwing to Herr
Won Joseph A. Yoke one great big
nomination for constable in Silver Bow
county while the wire pullers themselves
scooped in the nominations for all the
good-paying offices, has resulted in all
sorts of legal complications.
After the newly-elected officers had
taken UP their duties the discovery was
mad that the election was over and
Volker was not wanted Accordingly, he
was left at the post in the breakaway
and has practically been there ever since.
In the first place he attached himself to
Justice Nichols court, but Mr.. Nichols
did not want him.. Justice Harrington
did not want MIN; in fact, none of the
justices wanted him after the election,
and Volker began proceedings in court
to compel them to recognize him as a
power among the German voting pOpula-
ton Of the city and county. c. c.
RhOades was made defendant in the ac-
ton. It was alleged by Mr.. Volker that
Mr.. RhOades had usurped the duties of
constable in Justice Nichols court.
Volker had him cited to appear before
Judge Clancy and show cause why he
should not be stopped. Herr Volker
scored a three-base hit, for at the hear
Ing. which was held on February &c,
Judge Clancy decided him entitled to the
position. MI. Rhoades had been acting
as deputy constable under Benjamin
Twitchell Of German township, but the
decision of the upper court prevented
him from continuing the work. Follow
ing the decision he became a resident of
Meaderville, and Constable w. A. Ellis
HlyONsfh ~ %hnt rArs1 It,. ~
deputy. He then. it is alleged, continued
to serve papers for Justice Nichols, and
Herr Volker began contempt proceed
lngs against him. The matter was heard
by Judge Clancy today. Mr.. Volker tes-
titled that he knew Rhoades had served
papers after the Goth Of February. On
the list OF March a paper had been served
on him by Rhoades. The paper was pro-
duced and submitted to the judge. For
eight or ten days prior to the time
Rhoades moved to Meaderville, said the
witness, he had performed work in JUS
tice Nichols court.
Judge T. A. Nichols testified that he
thought Mr.. Rhoades had recently
served some papers on the outside. He
knew not whether any of the work had
been done between February 8 and
March 81.
N. W. Simmons. deputy clerk and re-
corder, produced Mr.. Rhoades' official an
w W. A. Ill WOILH
of the Meaderville district.
Constable Ellsworth stated that he had
appointed Rhoades his deputy. While
giving his testimony the attorneys for
Volker made an objection to some special
%features and the court sustained it. In
SO doing the judge said that at the other
hearing, held on February 26, the fact
devolved that Volker vas incompetent
to perform the duties of constable. That
was the reasoneforsthe objection to him.
N democrats, however, had nominated
and elected him. He was the choice of a
majority of the people of Silver Bow
county, and if they desired to nominate
and elect a vicious sor incompetent man
to office they 1ust suffer the conse-
quences. M ~ ES
After Mr.. Rhoades had given his testi-
mony Judge Clancy. rendered his decision.
He said that the play was all a scheme
to nave ElhOadeS act as constable in JUS
tice Nichols court-it was all a subter-
fuge-and while 1t was true that the
defendant was in contempt of court, he
would be dealt with leniently.
II will fine you $40 and order you COM
mitted to jail until it is paid" added the
judge, addressing Rhoades.
Attorney McClernan. who represents
the defendant, asked for a stay in the
proceedings until such time as he could
present the matter to the supreme court.
The question of whether a constable had
a right to appoint a deputy, he said, was
an important me and had never been
passed upon by the supreme court.
Messrs. Mackel & Breen, who repre-
sent Mr.. Volker, objected to any leniency
being shown, but the judge, desiring to
have a higher tribunal than his own de-
eide the matter. granted the stay, giving
McClernan until next Tuesday afternoon
In which to secure a decision from the
supreme body.
MRS. TREMRATH DIED