The river press. [volume] (Fort Benton, Mont.) 1880-current, 1907-02-13
WEDNESDAY, FEB. IL, 1907.
THE MILEAGE MIDDLE,

~SAS 40 SVAAAA Al VIZ
Montana statutes that compares witt
the mileage laws relating to paymen
of the travelling expenses of publ
officials. They are Sc contradictory
SO opposed to all rules of common
sense, that they would excite mirth
were it not for the unfortun ate fac
that they intlict an unjust burde1
upon the taxpaying community. Tha
is the unfortunate feature of the situa.
ton.
The Montana laws relating to this
matter require that most Of the state
officers be repaid the actual travelling
expenses incurred in the discharge oil
their official duties. That is right and
proper, and a similar arrangement
should apply to the necessary travel.
ing expenses of all public employees.
Under existing laws, however, some
are paid mileage fees, others are re-
imbursed the amount actually ex-
pended, and some of them must pay
their ira yelling expenses out of their
W pocket.
\ law enactedsby the ninth assem-
bly, requires that sheriffs Transporting
persons to the ~penitentiary or reform
school be:paid only the actual travel
ing expenses incurred. When they
take a child to the orphans home,
however, they may charge ten cents
per mile each way. and ten cents per
mile for the personIbeing taken to the
home. 1t costs more 10 take a child
o northern Montana to the or
phans' home, than it costs to place a
murderer in theJpenitentiary.
"A sheriff performing duties for the
state is entitled to his actual travelling
expenses only, but for every mile he
travels on county business, criminal
or civil, he is allowed ten cents per
mile. A district Judge, however, is
not allowed sany travelling expenses,
nor doessthe law provide for compen-
satlng the county assessor or superin-
tendent of schools for the travelling
expenses incurred in performing their
official duty.
"A business man who employs help
at a stated salary would not counte.
nance any arrangement that gave his
employees a rake-otf on their travelling
expenses while performing the work
Tor which they are literally paid.
mat Is the view taken by the Mon
lana supreme court in its decision in
the celebrated Scharrenbroich case,
Scharrenbroich was sheriff of Lewis
n Clark county, and brought suit
to collect mileage of 1885, 20 for taking
prisoners to the ~penitentiary, while
ms actual expenses in the performance
OF that duty were only 500. 80. In de-
Gliding that the sheriff was entitled to
his actual expenses only, the supreme
court said:
The object of the legislature was to
have certain services performed for
the people, and not to make none
for a sheriff OF to set him up in bust
ness. The old idea of paying an Off
Ger was to feed him and clothc him
and take care of his family. while he
was giving his services to the people.
Iher never was any idea that holding
public Office was Il private business,
Inc purpose of the people is to make
It's officers whole. not to enrich them.
The salary is to pay the officer for his
time and services. The mileage as
originally fixed was a uniform rate
fixed 10y the Legislature. with a view
to make the sheriff whole for what he
might lay ont on account of the peo-
pie.
1t was not the intention of the leris-
lature tolglve the sheriff ten cents q
mile to take a prisoner from Miles
City t the penitentiary, in order that
he might be privileged to tipur, on,
now cheaply he could carry him-per-
maps to the great discomfort of the
unfortunate convict-and how bio a
margin of profit or gain he could
make out OF the performance of his
own duty to take the prisoner to the
penitentiary in comfort and safety.
1t was never intended that the ten
cents per mile should be an induce.
ment to the sheriff to take five per-.
sons separately and thereby get much
more for himself than he would p,, 10
he should take them at n and the
sam time with one deputy to assist
him.
The same reasoning would apply to
the feeding of prisoners in the county
jail. If the statute allows fifty cents
per day for feeding a prisoner, there
is no understanding that the sheriff
may make any gain or profit for his
private use out of this stipend, The
direction of the Legislature is to give
that prisoner fifty cents worth of food
every day, and not to feed him per-
haps on bread and water at an ex-
pense OF five cents, thus making forty