The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-09-05
HURRYING TO APPEAL.
Commissioners May Collect Ac-
tual Expenses.
NIcKERsoNS ACCOUNT CUT.
Laws Delays All Waived and Decision
Gfven-Commissioner Pleased.
but Wilson Appeals.

The final hearing on Bob Wilson'S APP
plication for a temporary restraining or
der to prevent County Commissioner Nick
erson from collecting mileage for July took
place before Judge Langley yesterday at;-
ernoon. and resulted in decision that the
law OF 1855 allowing the county commits
sioners actual and necessary expenses
While attending to county business applies
10 present incumbents. The judge decided
that expenses can only be allowed COM
missioners for travelling within their own
districts County Commissioner Nickerson
made no objection whatever 10 sae deci-
sion, but Wilson gave notice OF an appeal.
The case was FASTENED up yesterday aft
ernoon, owing to desire of all parties 10
have IL settled as soon as possible in the
supreme court Judge Langley stated in
the beginning of the proceedings yesterday
that before a thing was done he wanted
the attorneys TO come to an understanding
as 10 the basis upon which the case WAS
10 be heard After considerable talk the
cobwebs surrounding 1t. answers. demur-
rers, temporary injunctions and restrain
ing orders, were cleared M to the extent
that the attorneys decided to have he
hearing final. and Nickerson agreed 20 al
low the disputed money TO remain in the
hands of the county treasurer until the
supreme court should haai down deci-
sion. IL Judge Langley denied the Applca-
erson, Wilson agreed 20 furnish 4 bond
Then the actual case was commenced.
Commissioner Nickerson was the only wit
ness. He had an itemized statement show
ing that he had travelled far enough in
the discharge Of what he termed his duties
to figure up $500. Under cross-examina-
ton by Attorney John Barnes he admitted
that the statement was made simply from
memoranda, not from vouchers. AS to
when he made it UP his memory was de-
fective.
Did you ever travel on a pass while
transacting county business?' asked Mr..
Barnes.
mo. sir" replied Mr.. Nickerson with
emphasis.
II see you took a trip to North Bend.
Did you include your hotel expenses in
that?'
mo. as a matter of fact did not. was
at friends house part Of the time, so
made no charge against the county" In
further testimony Mr.. Nickerson admitted
that he went to North Bend to gain in
formation to be used in connection with
county work in another place.
DO you always charge full EXPENSE"
asked Mr.. Barnes.
"No, sir. because I have understood I
was allowed 10 cents mile, and If it cost
me more il was my loss"
Now, as matter OF fact" put in At
torney Piles, does the $45. 30 under con-
sideration represent all the money you
spent in July on county work."
Il feel confident that I spent more than
:Ae bill shows" replied Mr.. Nickec..,E
Mr. Barnes proceeded to draw out from
the witness that some of the charges
against the county were made in cases
where Mr.. Nickerson went outside OF his
own district
Judge Langley looked up at the clock
and saw that it lacked three minutes of
.. II Will give you gentlemen five min
utes each to argue this case" he said.
II don't want 10 argue ii at ALL" re-
piled Piles.
Wen. If I can't have more than five
minutes, l don't want to argue said
Barnes.
Judge Langley then proceeded 10 say
that he had advanced the case over all
others in order that ii might be SETTLED
as soon as possible. Continuing, he said:
Mileage is not compensation. The old
territorial laws on mileage have not been
repealed. but the law of 1895 regulates the
matter of charges OF county commission
ers. as they ought 10 have been regulated
long ago man cannot be expected 10
serve the public and pay his own expenses.
The law does not contemplate such
thing. II means now that a county COM
missioner can charge his actual expenses,
and no more. This should be done by
vouchers accompanying a duly filed claim.
I find from Mr. Nickerson's own testimony
that he went 20 North Bend TO simply OBJ
tain information. That was not necessary
expense. and l viii not allow it. There
are few other such cases, that will be
taken from the account. The temporary
restraining order is denied"
4 notice OF appeal was given, arf Mex
erson will not try to get his money from
the county treasurer II a 800 bond Is fled
pending the decision Of the supreme court.