The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-18
fHE MILEAGE CLAIM.
1,xument on the Commission
ers' Compensation.
~,oIeL es or THE MlS-MARRlEo.
..2..bt Gets or Easily-Two Tnhap-
" wives Set Free-A Crazy "o-
man Ruled by Electricity.

...rtnS Of the motion Of Bob"
-. fsr = temporary injunction pre-
- ceur,y Commissioner Nickerson
49, e.sntuu his 40 mileage warrant
= 80 county treasury was argued az
- YESTERDAY afternoon before Judge
le1ss .. ubo toos IL under Amusement
- ss:sss the attorneys 70 submit briefs
49, Z, Barnes. who appeared for VIII
- rsnssn6ed that the general salary act
s.as hv the legislature In 1880 super
sss.s Nil other acts concerning the sal
s.<sx AZ county officers, and, by reason OF
=. --.rsac enactment declaring that the
.,.rs.s therein provided for should be
.<'.s, compensation" repealed the law as
As..vs Il, che code OF ISL. allowing
y commissioners mileage and. that
-. salary act OF 1850 does not allow
es.rsy commissioners any mileage, they
go not been entitled to IL since that
t' r. s,r.l,er contendcd thatindependsnt OF
-. general salary act of 1890, county COM
.~.ss'ar,ers since 1873 have not been en-
.ssles "a receive mileage while on county
,.sa business, because the legislature or
f<a raised a general ROAD act IN wnich
!. !. 1x5reassy provided that while per-
sa.-srr any OF the duties required there
-. rer,.ty commissioners shall only
s.~sgvs theIr per diem. tho act expressly
s..-srg nut the words and mileage"
-.s~b apaear in the road act OF 1850;
.-zleh fate- act however, was passed be-
sa.s The general salary act of 1890, and
:, tine when county commissioners
-s,s entitled 10 mileage under the stat
rfss OF ISL
IT. claimed further that an act passed by
.ss legislature OF 1898 specifying that N
s~.,.slas from the fourteenth TO twenty
uufn
.r,,eare. showed that in counties OF all
@ss.r glasses they were not entitled 10 IL,
80 that the legislature in passing that
- 40 construed the general salary act
Of fsN
aH piles and Arthur Griffin. who took
..rs :, County Commissioner Nickerson's
sIas AZ the case, claimed that the statute
which provldet for the charge OF mileage
kaa not been repealed and that IL the
eauyt should decide that IL was repealed
ty implleation. which IL ought not to do.
,he county would be greatly damaged. as
IA county commissioners would be pre-
x,ntea from travelling from one part OF
fhs county TO the other in the discharge
a their duties Special attention was
called TO an opinion on this same subject
from Attorney General Jones. in reply TO
j. A. Rochfoot, prosecuting attorney OF
Yakima county. under date of November
n lssi: 'You cali my attention to the
language OF section 81 of a certain act
which provides that the salary specified
N that act shall be full compensation for
an services OF every kind and description
rendered by the officers named do not
think the mileage allowed by law 10 the
county commissioners Is intended as COM
penxation for services rendered, but as
fixed allowance to reimburse them for
their necessary expenses incurred in trav-
cling TO and from the county seat, ser
vices for which they receive "a compensa-
ton Of S day. While II may be con-
reded that all the provisions of law upon
this subject taken together leave the
question somewhat ambiguous, j do not
think that a strained construction ought
70 Be- placed upon the law. which in many
cases would work great hardship upon
The commissioners.
In some counties some OF the commits
siontrs live SO far from the county seat
that their travelling expenses would
amount to more than the compensation
they would receive for attending short
session. The rule laid down by that emil
nent turist. Judge Story. in case OF this
kind. II as follows: Where the words of
q statute prescribing compensation for a
public officer are loose and obscure and
admit Of two interpretations. they should
he construed in favor OF the officer.
Il am, therefore. of the opinion that the
county commissioners may lawfully re-
cslve the mileage prescribed by law to re-
'mhurse them for their necessary ex-
rsnses incurred in going 10 and returning
rom the county seat. or when their duties
Otherwise require them TO travel in the
Performance OF their official duties"