The herald., 1894-12-25
Mr.. ytAMANS' BIG BONANZA,
The County superintendent of
Schools Soft Snap.
He Files Four Demands Aggregating
$1,000.
S26O, Which Mny Ne Paid
Under the Law.

Decemb mber 18th ". W. Seamans,
county superin tsndent OF schools, filed
with the board of supervisors four
demands for services r.udsred az Sec
retary OF cuanty board nf sducation,
which in ths .ggregsts foetsd up the
ness sum os 1850.
Claim M. !, Cor s240. purposssd TO be
for services rendered batwssn the dates
of July q, 1891, and Juus 80, 1892, beth
inclusive.
Claim No. 2 xas 1910 for ssrviosE rem
5s-ed betwese shs dates Of July l, 1892.
and June 80 1898.
Claim No. vAH scr $3.50 for services
vsndered bet~ssn Inly l, 1898. and
June 80, 1894
Claim No. was for $3.50 for ssrvicss
reedersd hstvssu JHlv g, 1895. and Dee.
/, 1894
These o,Si.ns were rsfsr,a6 TO the
district attorney for Investigation, who
yesterday fled lengthy opinion With
the bnsTd OF supervisors in which. after
citing decision endered by the
supreme court in the case of Carroll vs..
eieoenthslee, 81 Csi. 1893. Nj being
dlrsctls In line with the Sexmsps de-
N snds. bs reports On sbs claims in
shs following language:
The salary or consideration for sers
vices ia per diem of So per day.
This sum becomss due and payable
at once, and tbs statute OF limitations
would commence to run at once, and If
10 claim was presented for it within
one year ahe claim would be barred un-
der the provisions of esctiop Al of tho
county government act. which is cub
stsnt ally tho sRms as the lsw in force
az the fime OF she decision of the case
of Carroll versus Sic benthsier."
''Tbe claims being fled December Is.
1894 every item in claims ! and 2 was
barred at the tipos said claims o. de-
mands we're filed.
THE several items ia claim No.
down to and including that Of Dsce mber
8, 1898, are slso barred.
The remaining items And claims be-
ing within the date barred by the stat
uts is yslid claim and should Se AL
lowed.
1t will be noticed thsa under shis opin-
ion, which ie sustained by the supreme
court Of this stats in the opinion handed
down in the Carroll case, that this
county, owing to the delay CT Superin-
tsudsnt Seemane in Cling his demands,
ssvsa $695.
Ia conversation With Assistant Dis.
trict Attorney . tley, THE HERALD rep-
resentaIiye learned the following facts:
w. w. Seamars, IS county superin-
tsndent OF schools, receives salary of
$4,000 per annum, or about $40 per day
ior actual working time.
Sec.ions 176S and 1869 provide that
the couety board OF education shall con-
flss Of county superintendent of
chools and four other mem bers ap-
pointed BY tbs board Of supervisors, aud
that TIE superintendent ehall be ak
otiicio secretary.
section l770 provides that the secre-
tary shall bs ailo the sun OF $5 per
day for the actusl tims that the board is
in s9ssion,
Taxing advantage of this clause Su-
perlDtendsne Seamans computed the
actual time the board had been in
session during the past four years. and
retained his demands until Just prior to
vacating ths ottics III expectation of col
lecting in eu!s W hat would have been.
had he /, cen able to collect it, nice
littls nest egg.
the superIrte ndept of echools is by law
required to devote ono half OF his official
time to visiting the various school dis
tricts.
Prior to 1898 Mr.. Seamans had been in
the habit of presenting demands for
horse and buggy hrs while making his
tour OF the school districts, and charg-
ing at the rate of s5 per dism for the
hire oil team and 81 per diem for horse
feed and stsbling.
In June. 1898, Assistant District At
torney Utley, in a lengthy opinion, ad.
vised the board of supervisors that the
amount charged (T per diem) wac in
excess OF what was Contem plated in the
law which provides for the pay ment Of
expenses In travelling from districs TO
district by team. especially al tho s0-
perintendent drove hia own horsss.
Under the law the sheriff OF q county
Is expected TO own a team or other
conveyance for use in the discharge of
his duty and cannot legally sublet to the
county, but he may collect actual ex-
penses in and for horse feed. ETC.. which
may be required when in the discharge
OF bis duty as public official.
According to the Interpretation OF tha
lsw by the district attorney Mr.. Sea-
mans was entitled to $3 per diem while
travelling in his off oisl capacity. which
amount since 1898 has been allowed.
The above statement OF facts devel-
opes peculiar conditions.
The county superintendent OF
schools receives q salary of $40 per day.
He Can collect S. per diem for acting as
house secretary and collects from the
county q regular per diem for using his
own horse and buggy when in the die.
chargs of his duty as superintendent.
What action the board of supervisors
will taks in the matter of tho opinion
Sled yesterday by the district attorney
will be determined when the matter
comes up ct tb cir next meeting.
"A THOUGHT READER.