The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-08-11
THAT MILEAGE CASE.
HASTE Refuses 10 Defend Nick
erson's Claim.
SAYS IT rs NOT COUNTY CASE.
The Prosecutor Leaves the Commits
siorer to Hire Lawyer-Heaton
Defends Nickerson.
SAYS IT is NoTAcounTY CAST

The county commissioners ard Prosecut-
ing Attorney HASTE seem bound TO dflAt
farther apart than ever before the close
OF Bob" Wilson's case against Ioniinls-
sioner Nickerson- Mr.. HASTE declined 10
act as counsel for Mr.. Nickerson on the
ground that as the action Is that OF
taxpayer In behalf OF more economical
government. he does not think II comes
within his official duty 10 act, and as Tor
giving an opinion as to the right or the
commissioners TO charge mileage, ne SAYS
that he has never been consulted III the
matter before and does not think IL prop
er TO give an opinion while the case III
question In In the superior court. Com
missioner Heaton declares that he asked
the prosecuting attorney TO investigate
the matter of mileage about seven months
ago and after getting tired of waiting for
a reply made the investigation himself
After Bob Wilson secured temper
ary injunction from Judge Langley last
Tuesday restraining County Treasurer
Maple from paying Commissioner Nicker-
sons 80 warrant for mileage on the
ground that Il was an unlawful claim, the
entire board of commissioners went down
70 the prosecuting attorneys office and
had a talk with him. about mileage ana
the defense Yesterday afternoon Mr..
HASTE sent 70 the board his reply. which
was as follows:
Upon examination OF this case / md
II In brought by a taxpayer on his own
behalf and on behalf OF all taxpayers and
residents of the county who may desire
to become parties thereto. ] also observe
that one superior Judge has issued re-
straining order. forhidding the county
treasurer from paying the warrant NAM
ed. Neither the county nor state has been
made a party TO the litigation, and as this
appears 10 be a suit brought on the part
of taxpayers in view of more economical
management of county affairs, / do not
consider it within my official duty to take
the defense You viii observe in this con-
nection that have never been consulted
as to the charge OF mileage on the part
OF the county commissioners. Now, for
the first time and upon this suit being
commenced, you ask me for an opinion
as to mileage being proper item OF ex-
pense. In reply thereto ! viii say that,
inasmuch as the matter is now in the
hands OF the court and Its restraining or
der issued. IT would be inexpedient for me
10 advise you until the restraining order
Is determined.
.Tf the restraining order is disposed of
and no decision rendered BY the court as
10 the question of mileage. II VIII be
pleasure and within my official duties to
advise you before another allowance is
made as TO mileage charged by the coun-
~
Mr. Nickerson only laughed when he
read the letter and said he guessed he
would have TO get his own attorney
Mr. Heaton was last evening asked for
his views on the subject. and said:
"In Mr.. Hastie's communication ad
dressed 10 the board he says: You viii
observe in this connection that / have
never been consulted as 10 the charge of
mileage on the part of county commits
sioners.' Mr.. HASTE is forgetful, for
within a few days after installation into
office I requested him to report as 10 the
right of commissioners 10 charge mileage.
He promised me that he would do So Not
hearing from him within a reasonable
time. l proceeded TO determine the matter
myself. and after a careful reading OF the
statutes relative to county commissioners,
together with the opinion of Deputy Pros
ecuting Attorney Mcbride, based upon the
opinion OF Attorney General Jones. ar
rived at the conclusion that commission
ers are entitled TO 10 cents per mile for
every mile travelled in the discharge OF
their duties, and am still OF that opin-
ion -