Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1906-01-02

veying such insane persons to the hos
pital and removing them therefronl
when required so to remove them,
shall be paid by the county in which
such persons shall have legal resi-
dence."
Which provision was carried forward
and became part of section l OF
Chapter 265 of the laws of 1852.
The law for the government of the
hospitals for the insane was codified
and re-enacted by Chapter l76 OF the
laws of 1872, which contained the
following provisions:
Section 49, "The sheriff shall be
allowed the following fees for arresting
and bringing person charged with
insanity before the county Judge and
subpoeaaing witnesses, the same fees
as are now allowed in other cases:
For taking an insane person to the
hospital or removing one therefrom,
mileage at the rate OF cents per mile,
going and returning, and $3.50 a day
for the support of each patient on his
journey to and from the hospital, and
| to each assistant, cents per mile.
county Judge the same fees as allowed
by law in other cases Said fees and
charges to be paid out of the county
treasury"
This section was carried forward and
became paragraph 16 of Chapter 81,
Taylor's Statutes Q871. This was
again carried forward and became
section 604 of the Statutes of 1878 and
remained the law of the state until the
enactment of Chapter 260 of the laws of
1895, when said section was amended,
so as to read as follows
Section 604 The sheriff shall be
allowed the following fees:
For arresting and bringing prisoner
charged with insanity before the county
Judge and subpoenaing witnesses, the
same fees as are allowed in otter cases.
For taking an insane person to the
hospital or removing one therefrom,
$500 per day, railroad fare and his
actual expenses and the actual ex
penses for the support and transporta-
ton of such insane person.
And 300 per day, railroad fare and
necessary expense of such assistants, as
may be ordered by the county Judge,
and vouchers to be rendered for ex-
penses in all cases.
Witnesses subpoenaed before the
county judge the same fees as are
allowed by law in other cases, said fees
and charges to be paid out of the county
treasury.
COMMITMENTS TO INDUSTRIAL SCHOOLS.
The compensation for executing COM
mitments to the industrial schools for
boys and girls seems to have been upon
an indefinite basis until the enactment
of Chapter 353 of the laws of 1897 as
follows
Section l. The sheriff or any other
officer who shall execute a commit
ment to the state scheol fer e'Sssfo.4dent
or neglected children or an industrial
school in this state, shall be Untitled to
receive therefor from the proper
county, his actual and necessary ex-
penses and the further sum of SIS. 90 and
no more for each day while necessarily
employed in executing such commit
ment."
CONSTRUCTION OF THE STATUTES.
CONVEYING PRISONERS TO WAUPUN.
1t is to be noted that the language,
land such further reasonable sum as
shall be fair compensation for the
time necessarily spent in transporting
such prisoner or prisoners, to be fixed
and allowed by the proper auditing
officer or auditing board of the proper
county," has been part of the law of
this state since the year 1866, since
which time there has been no change
in the law. Under the law as it now
stands this county has for nearly forty
years paid its sheriffs for transferring
prisoners to Waupun. This pratical
construction has been given this statute
not only in this county, but in many,
if not most, of the other counties OF the
state. We deem it great injustice for
this committee or for the County Board
to now demand a re-accounting upon
these matters after having acquiesced
in this manner of compensating sheriffs
for nearly two generations.
The decision in the Northern Trust
Co. VS.. Schneider, filed March 11th
1902, in no way changes the law and we
submit that under the law as estab-
lished by that decision that the sheriffs
are not liable to the County in any sum
whatever as over payments to them for
transporting prisoners to the states
prison at Waupun. The same con-
struction has been given to this in
other counties. Note the following
table:
rU NIy TY