Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-01-25
'rThe Mileage Case Of Justin r.
Davis Decided by Supreme
Court.
ADVERSE TO STENoGRAPHER.
Decision is One Watched by Court Re-
porters Throughout the State
With Great Interest.

''I'he mileage case" OF Justin Il. Da-
Wis court stenograpner to Judge Chns.
w. Morse has been decided adverse to
Davis by the supreme court. In an
opinion handed down today the court
denies the writ of mandate asked for
in the petition and dismlsses Davis pc
tition
Davis file a petition in the Third
district court asking that a writ OF
mandate issue directed to State Audi
tor j. A. Edwards requiring him to
show cause why peremptory order
should not issue requiring him to draw
n warrant IN Davis favor upon the
state treasurer In payment OF u claim
for $50. 60 which had been denied by the
auditor, Davis set out that he had
entered a contract with Judge Charles
w. Morse as provided by law to act as
court reporter. He cited that the statu-
tory provision relating to such contract
might authorize the payment of 10 cents
per mile to court reporters for dis
tanoo actually covered by them in the
discharge OF their duties and that he
had obtained from Judge Morse cer-
actually travelled 1886 miles in per
forming his duties. The petitioner
thereupon presented his claim to the
state auditor requesting that 1t be paid.
Edwards refused to make settlement.
The petitioner relied upon the statute
fixing the salary of court reporters not
10 exceed IS for each sitting OF court
and upon the further provision that the
contracts may provide for the pay
nent of 10 cents per mile for mileage
actually covered In the discharge of off,
cial duties.
WHAT OPINION SAYS.
written by Justice FIick. liz that "at
first blush we were inclined to agree
with the petitioner, and II 1t were not
for constitutional provision. which
we think stands in the way. we would
be inclined TO hold that the petitioner
should prevail in this proceeding" The
opinion relates that the section of the
constitution providing for the state
board of examiners imposes upon II a
duty of examining all claims against
the state except those OF salaries or
compensations of officers fixed by law.
In regard to the duties of the state au-
ditor, the opinion cites the provisions
of the constitution making IL his duty
10 draw his warrant for such claims
approved by the board and for sal
aries or compensation OF officers fixed
ny law or for moneys expressly APP
propriated by law. The claim for mile
age would have to be passed by the
examiners before II could be paid and
the petitioner does not state IN his pc
tition that this is the fact. the opinion
holding that the claim Is not an Official
salary nor for official compensation
fixed by law. The general demurrer
interposed by the auditor is said by the
opinion to have been wei taken and is
sustained. The opinion infers that the
question before ihe court brings out
others. which, however, 1t would not
be prudent at this time to rule upon.
The decision Is one that has been
watched by court reporters throughout
the state with interest, as 1t affects
their mileage payment and. in gem
eral way, indicates what method must
be taken to secure advantage of the
mileage clause OF their contracts.