Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1895-12-22
THE CUTTING CASE AND
TRAVELLING EXPENSES.

The Reno Gazette in its anxiety to
hnd fault with the present State ad-
ministration has attempted to criticize
court decisions and interpret legisla-
tive e~nactments, an always dangerous
proceeding for any layman, more es-
pecially a journalist. But the Gazette,
as is generally the case, when a news
paper attempts TO show the ~fallacy OF
a legal question given to a State by
the officers who are governed by if.
falls into most egrepiOus error,
The present State Board Of Exam
liners and State Prison Commission
ers long since determined that
neither the Superintendent of Public
instruction nor sheriff's or other Of
ffcers allowed by law travelling ex-
penses" in certain cases are entitled
TO be reimbursed by the State for their
hotel bills. Superintendent Cutting
brought the matter before the Su-
preme Court and that tribunal deci-
ded that actual travelling expenses
do not included hotel bill, etc.
The APPEAL in noticing this decis-
ion stated than it also settled the
question Of claims Of SHeriff's when
transporting prisoner. The law re-
lating to them being similar concern
ing travelling expenses with that Of
the Superintendent Of Pnblic Instruc-
ton. The Gazette saw fit to differ
with the APPEAL and to sustain its
position quotes the statute regarding
WashOe county officials by which the
sheriff is to be allowed '"'actual neces-
sary expenses incurred in travelling
on official business" but the Gazette
did not read the whole sentence, stop
ping in its quotations at a comma
which is followed by ''tO be allowed
and paid as other claims against the
county are allowed aud paid"
The Gazette's law is exact in so far
as NashOe counties sheriff is con
cerned when performing services for
that county, but the transportation Of
convlcts and insane persons is not
Il county charge, hence the law quoted
by the Gazette is 20 more applicable
to the matter than would be a princ;-
pie Of the law Of gravitation.
The law which the APPEAL stated
vas similar to the one considered in
the decision in Mr.. Cuttings case, and
is entitled can Act to amend an Act
entitled an Act relating to the trans
portation of INDECENT insane persons
and convicts," and is to be found in
Nevada Statutes of 1891 page % and
reads as follows:
THE expenses to be paid under this
Act shall be first, the actual eXpens es
of the officer il charge Of the ind i
gent insane or persons, convict or
convicts travelling to and from the
State Prison or Insane asylum. Sec
ond. The necessary expenses of trans
p%ortation the insane person or persons,
convict or convicts, and S. per diem
to the officer in charge"
These are charges against the
State and relate to every officer, in
Guiding Washoe county sheriff.
The fact is that the present Prison
Commissioners and Board of Exam
liners in these particulars alone have
saved the State at least one thousand
dollars per aDnum which might in
some years reach several thousand
dollars and which have informally
and illegally been allowed by their
predecessors, by the present interpre-
tation Of the law governing travelling
expenses which Interpretation the
Supreme Court has now sustained.