The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1927-01-28
SHERIFF MUST
PAY rent IF HE
RESIDES At JAIL
But Jailer Can Use Living Rooms
There Without Charge, COun-
ty Attorneys Opinion


by County Attorney Seth F. BOhart,
holding that while the living apart
ments at the county Jail cannot be
used, rent free, by the sheriff as a
residence, they can be so used by the
jailer for the purpose of safeguard
ing the prisoners and expediting
county business, the board of cOun-
ty commissioners Wednesday author
lied Sheriff Frank G.. Slaughter to
permit Jailer A. D. Darby Taylor
and Mrs. Taylor to occupy said quar-
ters rent free.
Approved By Foot
County Attorney Bohart's opinion
was rendered at the request of both
the sheriff and the board of county
commissioners. While it is at vari-
ance, in some respects, with one hand
ed down some time ago by the then
attorney general, Wellington D. RAN
kin, it may be said that Mr.. Bohart's
findings have been virtually accept
ed as his own by the present attorney
general, L. A. Foot.
In the previous opinion. to which
the attention of the board Of county
commissioners was directed last fall
by the state examiner, Mr.. Rankin
declared that it was his belief "that
the board of county commissioners
is without authority to permit the
sheriff to occupy part of the county
Jail as his residence, rent free, and
is without authority to furnish light,
fuel or water for the sheriff free of
charge" Mr.. Bohart views the ques-
tiOn from a somewhat broader and
more practical angle, and his findings
have the approval of Mr.. Foot.
Thus controversy that has ragged
since Sheriff Slaughter took office
January 3 is apparently settled. The
former action Of the commissioners in
notifying Mr.. Slaughter that a rental
of $25 monthly would be charged for
the living quarters at the jail was
based upon the opinion by Mr.. Ran
kin holding that the donation Of such
quarters by the county amounted vir-
tually to an increase Of the sheriff's
salary, a proceeding in conflict with
certain provisions of the state con-
stitution.
Charges UnfOunded
Published charges that the board
was endeavoring to discriminate
against Mr.. Slaughter were yesterday
declared to be without foundation ia
fact. 1t was said that several times
in the last two or three years Judge
B. B. Law Of the district court had
contended that the county had no
right to furnish residence, rent free,
to the sheriff, and that when the at
tOrney generals opinion was last fall
brought to the boards attention it
was felt that some action must be
taken to comply with the declared re-
quirements of the law. Consequent
| ly, before the election Of November 2,
both candidates for the office Of
sheriff were notified that the board
contemplated establishing a rental
charge for the living quarters at the
Jail, and on November 1, the day be-
fore the election, the commissioners
unanimously passed an order fixing
the rental at $25 a month. In view
Of these facts it would seem far
fetched, it was pointed out, to accuse
the board Of commissioners or any
Of its members with attempted dis
elimination against the present sher-
iff. Had Mr.. slaughter's Republican
opponent been elected he would have
faced the same requirement, it was
declared.
Bohart's Opinion
County Attorney Bohart's opinion
sets forth that it is obvious that the
sheriff must keep someone in charge
Of the prisoners at all times, and that
it is to the interest Of Gallatin county
that a jailer be on hand night and
day, not only to watch the inmates
of the jail but to keep the public in
contact with the sheriff.
ct is just as obvious" the opinion
continues, "that this cannot be done
unless some officer under the sher-
iff remains in the jail property at
all times. Therefore, it is the
opinion Of this office that the apart