The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1923-12-12
THE DUTIES OF THE SHERIFF

The question of the duties of the sheriffs office, which at
first glance appeared to have all the earmarks of developing into
a vigorous controversy, judging from the talk about town, now
looks, in retrospect, more like a tempest in a teapot or, to quote
old Bill, the Bard of Avon, Much Ado About Nothing"
The most charitable and, wthal, perhaps the most accurate
estimate of the matter is that there existed in the minds of
certain persons a misunderstanding of the duties and powers of
the sherffs department in the matter of the collection of bad
checks which merchants occasionally accept in whole or part pay
ment for goods or service, and which, it is later found, the writer.
either forged with the name of another person, or signed with his
own name when he knew he had no funds in the bank to meet it.
There is no question about the seriousness of this form of
theft. In fact a recent state assembly passed a more stringent law
dealing with that class of criminals. Judge Ben B. Law, in dis
trict court, it will be remembered, recently imposed the maximum
penalty on two fragrant vioIators of the revised law in sentencing
them to long terms in the state penitentary, and for which action
he was warmly commended.
In accepting a check in payment for goods, the merchant must
remember that he is merely taking the customers word for it
that he has funds in the bank to meet it, and on that account he
should exercise the same business precautions when an unln-
dorsed check is rendered by a stranger, as he would exercise in
meeting the demands of a stranger for credit, or what is generally
termed a book account" Even then it is almost impossible to
prevent an occasional bad check from coming back from the bank
with the baneful words written across its face: mo Funds. Re-
turned for Collection"
The merchant should also remember-and the average eau
tious merchant does remember-that the man or woman who
will stoop to the act of stealing either money or goods, or BOTH
bv rendering a bogus check, is usually planning a getaway, or a
hurried trip out of town, probably entirely out of the state, IN
which case, the sheriffs force, even if they succeed in locating
the guilty party, is not authorized or empowered by any law to
bring the alleged culprit back for trial unless the depreciation
amounts to $50 or more, in which case it is considered a felony,
dN 10 CAIA OlAAOI 04OOS 0A ON~AHNhSO
governors of the two states involved.
The fact that about nine out of every ten bogus check artists
board the next train for parts unknown, makes the task of appre-
hending them a very difficult matter, the small amounts usually
involved also tending to discourage an expensive hunt that more
often than otherwise turns out to be a futile chase.
The stand taken by Sheriff Smith in this matter is solely that
the complaints in bogus check cases should take the same lega
procedure, and follow the same legal channels, as other crimina
actions of equal status. The merchant should take the matter VI
with the county attorney before whom he swears to a complaint
against the passer of the worthless check, provided he is known
and his place of residence determined. The county attorney thel
issues a warrant for the arrest of the now defendant, and whe
this paper is placed in the hands of the sheriff it is his duty t
use every reasonable means to apprehend him and bring him int
court, the justice court in the case of misdemeSlOrs and the dis
trct court in the case of felOnes, the infOrmatiOns or complaint
in the latter being nearly always filed direct in that tribunal.
Should the sheriff fail or refuse to take proper action ate
the warrant is placed in his hands, he holds himself liable to re
moval from office, and it is ridiculous to even suggest that a ma
Of Mr.. Smiths cahbre would be guilty of such fragrant dereictio
He does insist, however, that papers be regularly prepared an
properly placed in his hand according to the law and proceeduT
in such cases made and provided, and in that stand he has the al
proval of every man who believes in the orderly and proper az
ministratiOn of the law.