Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-19
TIE CASE OF DR.. HARVEY.
Stockton independent !

The Stockton Erening Herald, in its
issue of August 10th, made the allegation
that DR.. Harvey, of the Stockton Insane
Asylum, had been drawing illegal mileage.
ii. e., from Sacramento to Stockton instead
of from Gait to Stockholm. U.l No
ticing that this unjust imputation was
spreading through the State, to the injury
of DIR. Harvey, we have taken the pains to
collate the law, ard give the practice under
it, so that the public may see that the
doctor has not been fairly dealt with in
this matter
At the adoption of the Codes in 1872,
the legal distances were fixed from the
county seat of the several counties to Sac
ramento, Stockton, Napa, San Quentin,
etc., and Section 203 of that Act provides
that "when mileage is allowed by law
to any person the distance must be COM
puted as herein fixed" At this time
tlS72) the Political Code, under the title Of
sPublic Officers, Section 226," provided
that "members of the Legislature shall re-
ceive $40 per day during the session of the
Legislature, and So for every twenty miles
of travel to and from their residences to
the place of holding the session"
On the lat of April, 1878, this section
1861 was amended to read, Members OF
the Legislature shall receive IS per day,
payable weekly, and So for each twenty
miles of travel to and from their residences
to the place of holding the session." The
9th day of May this section was again
amended so as to read. members of the
Legislature shall receive IS per day. pay
able weekly, during the session OF the
Legislature, and 10 cents per mile for each
mile of travel to and from their residences,
and the place of holding the session"
The above is all the legislation under the
enumerated heads.
Section 2l40 of the Political Code, as 1t
stood in 1872, fixed the compensation of
the Directors of the Insane Asylums in the
following language The compensation
of the Directors is $40 each for every day
spent in attending or travelling to the
meetings of the Board-not, however, to
exceed $3.50 annually to each member"
The foregoing section (2l40) was amend
ed April |, 1878, to read as follows "The
Directors shall receive as their compensa.
tion the sum of $40 per day for their SER
vices in attending monthly or called meet.
ings of said Board, and such mileage as is
provided by law for members of the Legis.
iature of this State =; provided,
the amount so received as per diem COM
pensation for services shall not exceed the
sum of Sl40 per year to each Director. !"
This is the entire law on the subject.
What constitutes legal residences or dis.
tances: At the adoption of the Codes in
1872, the legal distances were liked from
the county seat of each county to Sacra-
mento Part 2, Title Ill, of the Politi-
cal Code, as amended in 1876, made no
changes. Section It's fixed the distance
| from Stockton to Sacramento at 4S miles.
And Section 203 says: when mileage is
allowed by law to any person, the distance
must be computed as herein fixed !" that
| is, from the county seats. This statute is
| still in force, and clearly 6xes the legal
| residence of all the members of the Legis-
lature, and all other persons entitled to
mileage, at the county seats of their re-.
spective counties.
What construction has been given to this
law regulating legal distances by Judiciary
| and mileage committees of the Legislature
| In the journal of the twenty.thir session
| of the Assembly, 1880, the Committee on
Mileage made the following report: "The
Committee on Mileage report