The Powder River County examiner and the Broadus independent. [volume] (Broadus, Mont.) 1919-1935, 1922-06-23
APPEAL TAKEN Il
CASE DEPUTIES

CASE Of.Ot|Ol|lt5|
Powder River county Though it, at
toruey. n. A. Burkey. has taken IN
appeal to the supreme court from m
order made by Judge 9. p. 4cKinnon
In district court ON April q denying
Z temporary iniunction against county
officials for the employment of extra
deputy clerks and vacattn9 the tenn
porary restraining order issued In such
case. It was the contention OF the
district court that the act 6 Aarch >.
1888. authorised the commissioners to
dstermine the number Of deputies ana
their compensation within the maxi.
mum limits. This act apparently
through snadvertence was left out OF
been repealed.
The allegations Of the complaint are
In substance that the ptaintin is .
county OF the seventh class; that the
county clerk has employed In his Of
nee two deputies whereas the law only
entities him to cne: that the county
treasurer has two deputies whereas
the law does not entitle him to any
ess~s
December Of each year: that the c0un-
ty assessor has two deputies, the law
cnly emitting him to have one during
the months Of March. April. May. June
and July; that the defendant commits
sioners have authorised the extra dep
uties and the payment Of their salaries
and that they win continue to employ
them unless restrained.
~ nhHy >Ap1 Ia In
was filed ON March 81 and cn April 3
restraining order. prohibiting the ray-
ment OF the deputies in question until
after the hearing on Tuesday. April 1s.
The defendants appeared in person on
the day mentioned without counsel
ana offered testimony and In effect
asked to have the application for the
temporary Injunction denied. The
proof offered by the plaintiff at the
hearing in Brcadus April Is substanti-
ated its allegations In its complaint a.
to the number OF deputies employed
and the authorization by them by the
commissioners. The defendants Offer
cd testimony to the effect that the
extra deputies were necessary fer the
faithful ana prompt discharge Of the
duties Of the particular offices Of the
county. The commissioners were unan.
imous In saying that it was abs lutely
necessary that these deputies be em-
ployed in order that the affairs ct the
county might not suffer.
y. p. Kinney. official court stenog-
rapher, too In shorthand the proceed
ings Of the hearing In Breadus April
1S, the complete text Of the TRANSCRIPT
tion OF his shorthand notes 30 taken,
In narrative form being ~ follows:
Frank +. West. being duly sworn,
testified as fellows: (By Mr.. Burkey)
My name 10 Frank +. West: am
county clerk and recorder Of this
county: I was appointed at the organ
isation of the county and elected At
the last general election: have the
record showing the qualifications OF
the county officers Of Powder River
county in my office: I can state u my
own knowledge that J. H. Morris. Bax-
ter Pierce and Charles NJ. Smith are
commissioners at this time; James D.
Williams 10 county assessor. This il
a eventh elias county: had in my files
the appointment Of two deputy county
assessors for James D. Williams:
have since been looking through my
files fer the two deputies but have NOT
been able to fnd them: the only rec.
ords I have to show that he had two
deputies were bills for work done
these bills were put In for Ross and
Mrs. Williams: I couldn't say wher
the first bill was put in by Ars. Will
liams-cculdn't say ofhand (reads ap'
pointment Of Fred Ross ~ special dep
uty): to that appointment the oath ol
office 10 signed by Fred W. Ross: tha'
instrument IL now on file in my Of
nee: Mr.. Rcss was paid under and b,
virtue Of that appointment foe th'
months OF January. February ant
March. 1872: here 10 the other deputy
Mrs. Williams, and she was paid $lj7.5
for the month Of January: she was ap
pointed deputy assessor January 9TH
1893: Fred Ross was paid fer Januar!
and February, 1922; he wan paid to
work in January. $1o5.so. (By tn
Court.) Mrs. williams was paid fo
February. $11350: Mr.. Ross for tn
same month. $1l2.s0; they are nav .
employed in the county assesscr's Of
Ace. (By Mr.. Burkey). They are pal
at the rate Of $l12.50 per month: tn
commissioners have directed me .
county clerk to draw the warrants TO
said sums each month: the warrant
are drawn on the order Ct the boart
The assessor appointed these two;
10 fair to say that the commissioner
disapproved OF the appointments. an
they are working ~ clerks at 31is.5(
they are doing the same work a. der
uties. I have one appointed deputy
my office: Mr.. d. p. Boyle was ~
pointed janitor with the understand
ing that he would help In the Office
his spare time; he helps In the offtc'