Sacramento daily record-union., 1882-01-14
DR.. HaRVsY's DEyEHsE.
The Mileage Question in the Board of
Directors Of the Insane Asylum.

At the meeting Of the Insane Asylum Di-
rectory, at Stockton Oh Tuesday, the mileage
question being called up by Director Doak,
Director Harvey read statement constitute
ing his defense against the charge of having
drawn Illegal mileage. The essence of the
statement may be thus presented Is il cor.
rect Interpretation Of the law that non-resi-
2ent Directors shall compute mileage from
their immediate residence instead of from the
county seat of their residence county? The
President of the Board had at first thought
that proper construction, and that any
mileage paid in excess on the latter computa-
tion should be refunded, he holding so be-
cause of an amendment to the Code in 1880
to the effect that the distance for mileage
computation shall be th;s measured
from the immediate residences of the
Directors. At that time some sugges-
ton was made about refunding any
overdrawn mileage. DIR. Harvey then
said il he had been paid any overpus Of
mileage he would refund it if proper to do
SO, and asked that the Secretary make out a
statement, etc. He intended to comply with
the law if there was the least doubt as to the
former construction Of the law, but waived
no right to examine the law before refunding
False and offensive kilograms were sent out
relative to himself and the mileage question,
and he resolved to go TO the bottom of the
case. Ee believed the attack was directed
against him personally, and was not intended
to conserve the interests cf the State. AT his
request, September 10Sh, committee had
been appointed by the Directory to obtain a
legal opinion on the issue as to the computa-
ton of the mileage. As result two opinions
came before the Board, and in October the
Board adopted the following:
sell j. Wilson, W L. Dudley, J. p. Hoge. Judge s.
W. Sanderson, Judge W. W Cope, Judge W. T.
Wallace, Judge John CARRIER, Thomas B. Bishop, J.
W. Winans, George f Baker and n. Greene Curtis
ON the question OF mileage OF the nonresident Di-
rectors OF this Board, is in accordance with our
views of the law in relation thereto, heretofore
construed, and we hereby adopt the same as the
opinion of this Board.
The first opinion is explicit, and to the
effect that mileage must be computed from
the county seats, as heretofore construed.
At the monthly meeting in November the
Attorney Generals opinion was presented by
the Chairman of the committee, which
opinion is directly the reverse in its conclu-
sions of the law, to wit: Mileage should be
computed from the respective residences.
The Attorney Generals opinion was on his
fHarvey's) motion filed. He also moved that
the resolution which had been reconsidered at
former meeting of the Board, defining the
mode of computing mileage, to wit from the
residence of the Directors when not fixed
by statute, be adopted, which was carried.
He was willing, for the purpose of satisfying
the most scrupulous, that this construction
might obtain in future, for it was OF little
moment to him which way mileage was COM
pute5, or whether computed at all deemiug
it right to take less but not more than the
law allows. But while he might waive the
500 or $500 involved, he could not waive
his construction of the law, or the preponder-
ance of authority on the question of the law,
nor yet his determination co reach defnite
and final construction of the law. The At
torney- General admitted in his opinion that
the universal construction of the law by the
Legislature for nine years had been that given
it by Mr.. Wilson, and admits that the law is
ambiguous and the question a debstable
one. He wished to observe that though the
matter in one sense Is very trivial one, yet
the opinion Of those twelve men is no idle
matter. Comprised among the number are
the most eminent judicial minds, and may be
considered the highest legal authority known
to the State He respected the law officer of
the State, but his opinion is not conclusive.
He urged, therefore, that judicial judgment
by proper tribunal be invoked to settle the
whole matter, and to that judgment he would
most cheerfully bow. He then read long
opinion from attorney >. NJ. wilson, Ot San
Francisco, under date of January z, 1882,
again going over the ground at length, and
holding as before, that to obviate all diff
culties "the Legislature, treating every man
as resident of county, makes one uniform,
simple rule-if he is entitled to mileage, he
must compute it from the county seat. This,
IN the whole, is a construction most bene-
fetal to the State, and in the end will be
most economical"
DIR. Harvey therefore asked that the Board
bring the whole matter into the proper Court
for determination.
Director Doak then introduced this resolu-
ton, which was unanimously adopted
Rcso,red, That the Chairman of this Board be in
structed to confer with the Attorney General as to
the best method OF obtaining judicial determine
tion of the question of mileage of Directors OF
State Insane Asylum.
The Stockton Tndepeadent adds: The dis
cussion over the matter was in The most
friendly spirit Director Watt partially die
tated the resolution, DR.. Harvey assisting
There was no objection made on the part of
anyone to the report read by DIR. Harvey,
and each member seemed animated by de-
sire to have the matter jndicially settled.
While courtesy marked all the proceedings, no
especial favor was shown to or asked for by
DR.. Harvey.