The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-05
in obtaining contrary ruling in the

in obtaining a contrary ruling in the
supreme court.
At the close of the year 1896, several
of the county commissioners, includ-
ing Messrs. Kellerman, McCarron, Al
len. as we'll as ex-County Commission
err David Hanna presented claims for
mileage for attending meetings, IN
specting roads and bridges, ETC., ag-
gregating about 81, 760. Ex-County At
torney Butler and subsequently County
Attorney Anderson advised County
Auditor Sullivan that the claims were
salary of $500 paid to each commits
sioner, was in lieu of all fees. The
commissioners were, therefore, COM
PEELED to Withdraw their claims or ap-
peal to the courts. They chose the
latter course, and eX-Commissioner
Hanna, whose claim amounted to $29S,
consented to bring the test case. He
brought it and the county responded
with a demurrer, declaring that the
complaint did not state facts sufhclent
to constitute a cause OF acuon- Inc
matter was argued before Judge Kelly,
who filed an order yesterday sustain
ing the demurrer. In the accompany
ing memorandum, the court says:
This action is to recover $29S and interest,"
since jan 1, 1895, for mileage or travelling
fees alleged to have accrued to plaintn our our.
ing the years 1893 and 1894, In travenng zseo
miles as county commissioner OF haM Ts
county and upon public business as sucn. Inc
demurrer raises the question, were county
commissioners in Ramsey county enutieo IN
1881 to receive mileage in addition to the
compensation made them by law? Great care
is taken to fix and limit the salary, com,
pensatoin and fees of all the officers ana
prevent an increase thereof by any GeVfce;
But it is claimed that chapter 374, Specsai
Laws 1889 by the repeating clause contained
in the second section, repealed this chapter
216 of Special Laws 1878 so far as the COM
pensation of county commissioners . is con con
cerned apds left in operation. section 665, Stat
utes. 81 Minnesota 1894, whfch allows county
commit ssaoRess 10 cents per nile for each mile
traSssd in going to and rstnrplng IRON c,d tne
meetings Aof the board in discharge OF Official
duty. This contention is net9 correct: FIRST
because the whole effect of chapter 374, Spe-
cial Laws 1885, is to read into chapter ZIG,
Special Laws 1878, three hundred dollars.
instead of 'one hundred dollars, as tne
maximum yearly compensation. 1t left intact
the balance of the law of 1875 which prohlblts
any increase or extra allowance whatever, IN
any way or upon any pretext And, secona,
1894 by its terms does not apply to- Ramsey
county. This reads: The provisions of this
act shall not affect the pay and travelling
fees of the commissioners Of any county
whose pay and fee are now provided for by
special law regulating the same chapter 81
and chapter Is, extra session. General Laws
1881. being IAN act to amend section 100.
chapter s, of General Statutes 1878, relating
to county commissioners"
That the pay and fees of county COM
missioners were then provided for in Ramsey
county by special act is plain, If the words
used are broad enough to cover travelling fees
or mileage. The act of 1878 fixes the sYsalary
and compensation the act of 1889 allows the
commissioners certain sum per annum for
the faithful discharge of their duties The
language in each cannot be more comprehen-
sive. Salary and compensation means pay
receiver for services reeompense7 and re-
muneration for outlay in time, or expenses
necessarily incurred in discharge of official
duties. For the faithful. discharge of their
dul.es' means every duty connected with the
Office, and of necessity includes the duty of
attending meetings of the board and the
travel thereby or by reason of any official
business required.
l am therefore of opinion that the laws ap-
plicable TO county commissioners in Ramsey
county, covering the period in question, do
not provide for the allowance to them of
travelling fees or mileage under any circum-
stances.