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

Jos. Braun, OF Athens; Chris NOlkman
of the village of Schofield, and P o
Means, of the city, reported that three
ex-sheriffs, Thos Malone, Malone. Aug
L. Marquardt and w. r. Cheiiis were
indebted to the county in considerable
sums for overcharges in taking prison.
ers to Waupun, insane TO the state
hospital at Oshkosh and boys and girls
to the indus1Gial schools The report,
| it appears, was arrived at through a
misunderstanding the ex-sheriffs claim
ing that they had not been given a
hearing in the matter, and that the
committee had not consulted the cir
cult or county judges, who know what
expense is incurred in such trips. The
report, of course, set the officers in a
bad light, but the people who know
eac b gentleman connected Herewith,
know that each one is honorable and
above reproach and that if any mistake
has been committed it is only through
misinterpretation of the laws and not
report has hurt these men in measure
that cannot be compensated. Years
WIFI not outgrow the harm done, and it
is only in a spirit of fairness to all con-
cerned that the PILOT makes the state
ment which is embodied in this article
When the report was submitted to the
county board with the recommendation
that certain amounts be disallowed,
Supervisor John Ringle moved that the
report be adopted Supervisor G. S.
Gilbert moved an amendment provid-
ing that the word "disallowed' be
changed to "overcharged'' and that the
report be withheld and the committee
instructed to confer with the ex-sheriffs
and district attorney. The amend
ment was carried and the matter there
rested until w Wednesday of last week
when the committee met and sum-
moned the ex-sheriffs and district attor-
ney for hearing. The meeting was
held in the county board room and the
ex-officers present were represented by
Atty. M. B. Rosenberg. After the
matter had been discussed for some
time Atty. Rosenberg read the follow
ing brief, covering the ex-officials' side
of the matter:
BRIEF UPON THE LAW APPERTAINING TO
THE COMPENSATION OF SHERIFFS FOR
2st. Conveying prisoners to the states
prison at Waupun.
End. Conveying patients to the state
hospital at Oshkosh
3rd. Executing commitments to the
Industrial schools for boys and girls
CONVEYING PRISONERS TO wAUPUN.
Section 4. Chapter $50 of the laws of
1849 does not prescribe the fees to be
paid to sheriff in The execution OF a
judgment of the Circuit Court, nor do
such fees seem to be prescribed else
where than in the general table of fees
for sherlffs.
In 1858, being part of section II OF
Chapter 1SS of the laws of 1858, we find
the following provision
''Section H. 1t shall be the duty of
the sheriff or deputy sheriff in each
county in this state, to convey to the
states prison, all persons convicted in
his county, sentenced to be confined in
said prison, as soon as may be after
such conviction and sentence shall
have been had, and after delivering
such convict or convicts to the Com
together with copy of the
sentence of the court, ordering such
said sheriff or deputy
sheriff shall take receipt of such de-
livery and file the same in the office of
the Clerk of the Circuit where such
conviction and the sentence were had,
and the sheriff or deputy shall be entitled for
has services so rendered to the following fees,
Which shall be IN full, viz:
For conveying, guarding, boarding
and lodging one prisoner, SOC per mile.
And for each additional prisoner, 25c
per mile" This remained the law I'M
til April 21st, 1866, when the same was
amended by Chapter SO of the laws of
1866, section thereof being as fol
lows
Section 2. Such sheriff or deputy
shall be entitled to receive from the
treasury of the proper county the
amount actually and necessarily ex-
pended by him in transporting such
prisoner or prisoners, including the
amount paid for boarding and lodging
and such guards as may have been nee
essarily employed by such sheriff or
deputy sheriff, and such further reason
able sum as shall be fair compensa-
ton for the time necessarily spent in
such prisoner or prisoners,
to be fixed and allowedaby the proper
auditing officer or auditing board of the
proper county"
Section 2 of Chapter SO was carried
forward and became a part of para
graph of Chapter 1856 of Taylor's Stat
utes 1S71)
In the revision of 1878 this section
was rewritten as follows
Part Section 4913. ''And such sheriff
shall be entitled to receive from the
treasurer of the proper county the
amount actually and necessarily ex-
pended by him in transporting such
prisoner, including the amount paid
for boarding and lodging and such
guards as may have been necessarily
employed by such sheriff, and such
further sum as shall be a fair compen-
satiou for the time necessarily spent in
Transporting such prisoner, to be fixed
and allowed by the proper auditing
officer or auditing board of the proper
county"
This part of section 1918 was carried
forward into the Statutes of 1898 and
remained and today is the law of the
state of Wisconsin.
CONVEYING PATIENTS TO THE STATE
HOSPITAL AT OSHKOSH.