Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-28
THE ORDER HAS
BEEN REVOKED
CONSTABLE SAFER OF WALKER
VILE HAS LOST HIS JOB IN
THAT TOWN.
timothy SHEA NAMED
AS HIS SUCCESSOR
County Attorney Breen Today Rem
dered an Exhaustive Opinion on
the Matter.

The board Of county commissioners
TODAY revoked the order appointing w.
" L. Safer constable of Walkerville
township and appointed Timothy Shea
t, fill the vacancy.
The action was taken on an opinion
rendered by County Attorney Breen
relativ to Saters appointment and the
selection of deputies by him. This
opinion, in substance is as follows:
I'm relation to your request for an
cpinion concerning the term OF ONCE,
etc, of Constable w. H. L. Safer, de.
sire to say that from the best informa-
ton obtainable, the said w. II. L. Sater
was appointed by your honorable body
to fill the unexpired term of one Martha
Michel. deceased; that the term of Of
flee of Mr.. Michel would have expired
-, the morning of the 7th Of January.
1901: that on the 9Th of November. 1900
a general election was held, at which all
Of the elective offices in the county were
tC be filled: that in the township of
Vaudeville the successful candidates
for the Office of constable were Dan
Coddy and John Purcell; that Coddy
failed to qualify and w. H. l.. Safer
vas appointed by your honorable board
10 fill the position. So at best Mr.. Safer
only held or holds the office of constable
at the will of the board of county COM
mjssioners and can be legally removed
at any time the board sees fit to revoke
the appointment. To make him legal
c Unstable Ut would be necessary to re
rev his appointment. In order to make
the acts of his deputies the acts of
legal officers. 1t would be also necessary
COR him to have renewed their appoint.
rents on the Eth of January instead of
allowing them to hold over under their
former appointments.
Il do not deem it necessary to 60
much further in relation to this matter.
l feel that your honorable board under
stands as we'll as l do that the only
claim to legality Mr.. Safer can have
for his official acts is that he is holding
the office while awaiting the appoint
ment of his successor. AS a candidate
for constable he received the smallest
vote, 1 am told, of any candidate in his
township. His appointment has not
been renewed; and. further, it is we'll
established rule of law that a constable
las no authority to appoint perma-
n+nt deputy. He has, however. the
right, in case of his sickness or inability
to act or handle the business that may
fall to him, to appoint deputy for the
parpose of handling that special bust
ness. And it is also necessary under
section 4311 of the political code. This
matter was settled by the court in the
case of Joseph Volker against c. c.
Fl oades. I am informed that Safer
while acting as constable in Walkerville
township, appointed numerous deputies
in the township of Silver Bow, who have
been doing the business properly be-
longing to the legally elected constables
Of Silver Bow and other townships OF
this county. If such is the case, hi:
course is not only illegal, but is unjust
and without authority of law.
Mr.. Safer is also charged by the
justices of the peace of Walkerville
with not properly attending to the bust
Eess of their courts. If he has not full
filled the duties of his office, he is work
ing hardship not only upon the courts
OF his township. but also upon the hti-
gants who have business therein; and
lii view of the fact that some Of thu
Ills presented to your honorable board
by Mr. Safer for services rendered have