Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1906-03-30

pany VS.. Snyder, 113 Wis. SIG to 554
covers this whole question with many
others very fully. Justice Marshall in
delivering the opinion in this case on
page 547 says: The sheri IF is allowed
for service in executing a commitment
to any industrial school So per day and
his actual and necessary expenses, and
no more. under section 1870, Stats 1898.
The same compensation is allowed for
executing q commitment to the State
Public School at Sparta. Sec 3I3e,
Stats 1898. The same is true as to the
compensation for the sherif's personal
services in executing u warrant Of com
mitment to a hospital for the insane
under Sec. 602. The compensation al
lowed for a sheritf's services in eXecut
ing d commitment to the state prison is
fair compensation for his time neces-
sarily spent in transporting the prison
err, TO be fixed and allowed by the prop
err auditing officer or auditing board OF
the proper county, and the amount
actually and necessarily expended by
him in transporting such prisoner, in
Guiding the amount paid for boarding
and lodging and such guards as may
have been necessarily employed by
him.. See Sec. 4913 and Sec. 677.
A gain on page $40 he says: ''The &C
ton OF the board in allowing bills at
the rate of S. per day for four days
time in executing each of several COM
mitments to the hospital for the insane
when only one day and parts OF two
others were actually occupied in per-
forming the service. .......and IN
allowing for expense of asslstadce in
executing commitments to the state
prison without the official certificate of
necessity therefor required by Sec. 677,
Stats 1S9S, and contrary TO the ex-
press provision thereof. ................. and
in allowing for expenses OF kilograms
sent and received in relation to the ap-
prehension of persons charged with
Grim were SUCH abuses or
power that no discussion Thereon seems
necessary. A day means calendar
day in all cases where the statute mere
ly provides for compensation at a GER
tain or a reasonable sum per day.
Neither a county board that has to do
with executing the Jaw, nor courts that
have to do with enforcing the eXecu-
tion thereof, have any right to call che
work done ia calendar day any more
tnan DAYS work or services in the
absence of SEINE statute expressly au-
| thoriZing 1T.
| Section OU1 says Wu6u anu uOW UllO
| sheriff may have assistants IN taking
persons to the hospital for the insane.
| believe the above covers the points
on which your honorable body request
ed me to prepare and file an opinion.
The same is respectfully submitted.
Dated this 2nd day of March, 1906.
GEO. E. O'CONNOR,
District ATTORNEY.
Motion made by Supervisor DeIbert
Hankin and seconded by Supervisor
John Brogan that no action be taken
on resolutions Nos Sixteen and Seven
teen at this meeting Motion carried
/ all members voting ave.
Resolution No | was then read by the
clerk and upon motion was unanimous
| ~ adopted
Resolution No | offered by Super
visor Win. J Kyes.
/ Resolved by the County Board of
Supervisors of Villas County that from
after this dates the amount of the ex-
pense for the cost of the burial OF poor
and INDECENT persons aud which Is a
charge against the county is hereby
| fixed at the sum of not more than
twenty dollars.
Dated this End day Of March. 1906.
VIM. Kyes.
/ Motion made by supervisor w. j..
Kyes and seconded by Supervisor Del
bert Hankin that the board take re-
cess until 1870 o'clock p N in order to