Durango semi-weekly herald., 1901-10-31

| W chti III itfS lOI lUfa
ors. is az follows
For summoning each juror =
| in counties OF the fourth class. so
| cents" Notwithstanding this fact.
Mr.. Mccartney during the last year
has made the following Illegal charg-
es for summoning jurors
Jan. I. 1901, open venire. 8 jur-
ors -...,.........,..... $3.50
Feb. g. open venire. Jurors. ... l.SO
Feb. s. open venire. 3 jurors. 49,. lSO
Feb. 20, open venire. jurors . i.SO
Feb. %, open venire. jurors " 81
Feb. 27, open venire. jurors. . i.St
March 8, open venire, 3 jurors. l.S0
March 2l, oen venire, IA jurors, $40
March rs, open venire, 3 jurors. l.S0
April /. open venire, jurors. l.S0
April q. open yenire, jurors 1850
April .. open venire, 3 jurors. $50
April II, open venire. Ia jurors. $40
April u. open venire. jurors. l.S0
April 29. open venire. = jurors. 800
April 30. open venire. 3 jurors. lSo
May l. open venire, 3 jurors ~ l.S0
May q, open venire, , Jurors. -. l.SD
May Z. open venire. II jurors. 1920
May l6, open venire, jurors .i. l.S0
June g. open venire. 3 jurors l.S1
July 26. open venire, 6 jurors. $50
July rs, open venire, 3 jurors lS0
Aug. 2, open venire, 3 jurors. I.S0
Aug. 3. open venire. 3 jurors. 1.S0
Sept. 10. open venire, jurors 1SO
Sept. 2s, open venire. 3 jurors. 1.SO
No report later than September.
I,, nd h.,
overcharged for summoning each of
the 1913 jurors as above set forth. there
is further charge of ten cents mile
age for each juror summoned. and
also ten cents for each one. although
each of the jurors were either sum.
moned while at the court house or
else at or near Main street at the city
of Durango, thus amounting to about
$24.00 in addition, making a total
of about $4,000 overcharged on the
above items. The law in regard to
the mileage being as follows:
3 Mills, Mileage for each
mile actually and necessarily travel.
ed, in serving each writ, subpoenae.
or other process in counties =
of the 4th class 10c. providing that
ACTUAL and not CONSTRUCTIVE
mileage shall be allowed in all cases.
and where more than one warrant is
served by any officer in one trip.
the actual mileage only shall be al
lowed such officer and the actual mile
age shall be apportioned among
the several warrants served
on each trip"
And again. same section, 1893 b
whenever any sheriff or constable
shall serve two or more papers on
the same person, or on different per
sons at the same time and place In
the same action. he may charge mile
age from his Office to the place of SER
vice for distance necessarily travel
ed. once each way only and no con
structive mileage shall be allowed"
In regard to travelling expenses the
law is as follows:
Session laws. 1899, page 1886. section
IL: "Sheriffs In counties of the first
class shall be allowed actual travel
ing expenses, which shall be payable
out of and not exceeding mileage
at the rate OF &c per mile for each
mile necessarily and actually travel
ed in the performance of all official
duties In all cases. In counties of
all other classes (La Plata county in
this class) he shall be allowed actual
traveing expenses. which shall be paid
out ofand not exceeding mileage at
the rate of ten cents per mile actu
ally and necessarily travelling In the
performance of duty"
In connection with the travelling ex-
penses it seems superfiuous to add
that Mr.. Mccartney could not have
incurred any travelling expenses
whatsoever In summoning these jur-
ors.
Again the law in regard to trans
porting prisoners is found. Mills,
section 1898. page $50. as follows:
For transporting prisoners besides
actual expenses necessarily incurred
per mile in counties of
4th class. zoe. providing that such
mileage shall be only by one officer.
and no mileage shall be charged up
on the prisoners or guards attending
the officer in custody of the prisoner"
This fee of zoe per mile for trans
porting the prisoners is neither more
nor less. whether the officer has one
prisoner or dozen, as It is paid to
the officer In the way II mileage and
not mileage for each prisoner. as the
law distinctly states that no mileage
must be charged on the latter.
This in addition to the ten cents
allowed the officer for each mile ac'
tually and necessarily travelled in
the performance Of his duties m axes
The full compensation in this re
gard. In connection with this We
submit the following now notorious
cases as they appear in the bi's and
reports rforesaid:
L On the 11th day of April, 1900 Sher
in Mccartney took George Morrison
TO the penitentiary at Canon City
and at the same time and on the
same trip took F. p. Bellinger to the
sanitarium at Pueblo.
In accordance with the above law
he would have been allowed 10c pei