The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-09-04
MILEAGE NOT SALARY
Judge Langley Rules Against
the Commissioners.
TIE NEW LAW NOW IN EFFECT.
<,,ser Rogers Assault Case Now With
the Jury-The Carroll Damage
suit on Triai->eyv suits.

RI Wilson has won the first victory n
A. e~ks. arafus. tho payment % the NILE
-. -szr~zut OF County Commissioner r.
~ ~Irkerrou. judge langley yesterday
t.rstnx DOWN a decision that mileage is
-. CONDENSATION 81 the meaning Of the
constitution. ard that therefore the mile
- ~ rsN5 allowing actual and necessary
~~.raes instead % 10 cents a mile applies
= &c present commissioners. as claimed
- esrkerson in his demurrer to Wilson's
-e-~.iagnt The demurrer II therefore
evsr-t,lea. ard the injunction forbidding
rn,atv Treasurer Maple "a nay Nicker-
.a-,S warrant remains In force.
-. decision first states conciseiy tho
.~aesyou presented By the complaint and
sssnur~er IN this form:
sc i. lawful for county commissioners
!, roun:ies OF the class 10 which King be-
,a.rs "a claim and receive from the county
s~savuyv mileage at the rate OF 10 cents
-, ra!le' 81 going 70 and returning from
-. county seat and while travelling about
.ta eoanty n the discharge OF their lawful
daties?'
poviexv OF the Mileage laws.
rher tracing che history % state ieSisIa-
.saa IN the subject Of mileage, the deci-
sion continues:
..prsor 10 the adoption OF tho state con-
...,,,lon county officers were generally
.s,,rens stated for services rendered by a
s--.fAu, Of fees with such provision for
lineage 70 those whose duties involved
.rayei as the territorial legislature. from
time 10 time. chose 70 enact. Whether
.,rh mileage laws were intended TO enable
,~rers 10 enlarge their compensation by
ssvfngS from that source. II Is quite clear
,bss such n result was possible, but TO
rhat extent depended largely on their eco
nomic methods OF travel.
srl,sring the territorial period county
commissioners were paid a fixed per diem
f.sf At
<-s-, n 10 Is cents per mile. To do away
vsfh this vacfliatsng and uncertain system
~ rewarsing official service section OF
srslcle II OF the state constitution required
che legislature 10 FIX the compensation OF
earfntv officers by salaries which shall not
b. increased or diminished. after his elecs
,,on or during his term OF Office In line
with this requirement. the first state leg
stature fixed the compensation of county
commissioners at s. per day for each day
srnployed IN the performance or their dti-
,,ex first Hill section 1913. No mileage.
contingent pay or other perquisite is mem
toned in the act. and for the obvious rea-
son that the legislature was dealing solely
with the subject Of fixed compensation as
required hy the organic law.
section q article q OF the constitution
continued In force all territorial laws mot
repugnant 10 the constitution. and pro-
vided they should remain in force until
.hey expire By their own Limitation or are
altered or repealed by the legislature
IF the mileage laws. fixing an arbitrary
rate per mile as they existed in the last
DAYS Of territorial life were repugnant in
whole or in part 10 the constitution. TO that
extent they must yield to tho paramount
Law"
Is Mileage Compensation
taking M the contention Of the S~fend-
AIT that the old mileage laws are still op-
erative the decision says:
at seems 10 mo this contention can only
he supported on the practically impossible
supposition that all mileage received by
the officer IL actually expended I'm neces-
sary travel while In line OF duty. There Is
no law requiring him to expend IL all or
any part OF II II he can travel without. He
nav save from II II he can. and ell he can
consistently with faithful discharge OF
duty. Should he do SO. Is not his coInpeu-
satIon increased by precisely the amount
sayedf Calling II by another name can
make no difference in results. Per diem
and mileage are paid on the same warrant.
70 the same person, lose their Identity in
The same pocket. and the office OF commits
soner is worth in money value precisely
tie sum Of both items"
Territorial Law Docs Not Apply.
After Swing an Illustration of the work
ing OF the old lo-cent-a- mile law. showing
that commissioner might earn $40 mile
age on trip which only cost him s., the
decision again reverts 10 the constitutional
provision already quoted, and saws;
This constitutional Limitation is too
plainly written and its meaning too clearly
EXPRESSED 30 admit Of circumvention by
indirect methods. Fixed compensation
with 10 margin FOR salvage or perquisitcs
N public Office Is the meaning I get from
saai instrument. and Is in strict line With
public honesty and Official integrity. The
public pays the fixed price, and the officer
could have expected no more when he aC-
cepted the Office 7 therefore hold that all
territorial laws. SO far as they provided
RNed rate of mileage 20 county commits
soners are repugnant 70 the constitution
sad void. sun they are mileage laws and
VhrepeAied bv any act or state legislation.
unless IL BE by the act Of 1S95 which can
nave no application % the issue raised by
'hs demurrer. They air mileage LAWS
VIE The arbitrary rate per mile lopped of.
TIE rer0Enancv OF the territorial acts
hes not in Tho fact that they allow milo.
-se' hui that they allow II At given rate.
rue mileage rs tho actual and necessary
est ~ travel statutory mileage meant
us statutory rate. Take away the rate
onN. and true mileage stilI remains. The
institution has simply changed the def
u'Hon az the word and the new meaning
aeFmonzes with thu limitations men,
toned"
County Must Pay Expenses.
Ihe decision maintains that the contcn-
- q me demurrer arises from confusing
ElesEo with service. ana concludes.
Ter diPm means S. with diminution.
70 me officer for each dav he renders Off
ga service - tho county. whether that
seEYiee Involves bridge inspection fifty
nHits from the county seat or eQualEius
Property values In e office. When we
'nsl0eT that service is paid for by the
.sF. az price r0' subject 70 increase Or
e1alnuion. g would 10 illogical ana un-
,st y saw thot an expense simply Nci-
So - such service shall be taxed ~ IRE
e0eeTs wages Public interest demands
70 service arf fhc law requires It's per-
-ernancc The Incumbent must obey -
wy BIS o1NN Discharge ~ lawg,l day
29i3 r1t p" no che expense Of the fatth-
- p1bilr servant HIS net compensation
sloold - go more or less thar the amount
.Aea by law. T Think counsel carries the
1'safnent - M extreme uot warranted by
NfepaT construction az the LAW, or ueces-
- G sHnoort h.s complaint The ease
..N4e = fNat 81 cents per wsle. claimed Nv
.le aeifn6art Sc url1wf11 On thar prom
os.'ien entirely agree With him AMI wl
efeFrGle the demurrer fer that reason.
t-,'hg - the defendant leave - answer,
.aess 70 shall elect 20 stand BY bis deniur-
~. Demurrer cverruled"
ROGERS ASSAULT CASE TRIED.
Weston NN-berNa~ We Attacked Todd