The river press. [volume] (Fort Benton, Mont.) 1880-current, 1909-02-10
WEDNESDAY, FEB. 10, 1909.
THE MILEAGE MIDDLE.

The eleventh assembly appears to
be as much indisposed as former state
legislatures to give Montana taxpay.
ers q square deal" in the matter of
paying mileage fees to their public
officials. A measure introduced by
Senator Everett, of Chouteau county,
which promised to afford come relief
in this connection, has been sent to
the legislative graveyard, and 1t Is
probable that no law relating to the
subject will be enacted at the present
session.
The Montana laws relating to mile
age fees of public officers are so full
of Inconsistencies, and so unjust to
citizens who foot the bills, that their
revision is certainly necessary. For
example, q law enacted by the ninth
assembly requires that sherifs trans
porting persons to the penitentiary or
reform school be paid only the actual
travelling expenses incurred. When
they take q child toIthe orphans home,
however, theye may charge ten cents
per mile each way, and ten cents per
mile for the person being taken to the
home. 1t costs more to take q child
from northernIMontana to the orphans
home, than it costs to!place q murderer
in the p~enitentiary.
A sheriff performing duties for the
state 10 entitled to his actual travelling
expenses only. but for every mile be
travels on county: business, criminal
or civil, be is allowed ten cents per
mile. II he takes q prisoner to the
county Jail from some distant point in
the county, the sheriff gets ten cents
per mileIfor himselfaand the prisoner.
II the latter, however, is convicted of
q felony, t%he3sheriff takes him to the
state prison, and for that trip receives
from the statelonlyithe actual expenses
incurred.
A business man who employs help
at q stated salary would not counte.
nance any arrangement that gave his
employees q rake-off on their travelling
expenses while performing the work
for which they r literally paid.
That is the view taken by the Montana
supreme court in its decision in the
celebrated Scharrenbroich case.
Scharrenbroich was sheriff of Lewis
and Clark county, and brought suit to
collect mileage of 1885,. 10 for taking
prisoners to the penitentiary, while
his actual expenses in the perform
q of that duty were only 800. IS.
In deciding that the sheriff was en-
titled 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 money for
a sheriff or to set him up in business.
The old idea of paying an officer was
to feed and Iclothe him and take care
of his family, while he was giving his
services to the people. There never
was any idea that holding public Office
was q priv ate..business. The purpose
OF the people is to make its 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 by the
legislature, lwith a view to making the
sheriff whole for what he might lay
out on account of the people,"
The language used by the supreme
court in this decision accurately de-
scribes the situation. Public officials
who pay out money in performing
their official duty are entitled to re.
endorsement of the amount expended,
and no more. 1t should not be diff
cult to frame legislation that will &C.
complish that result.
TAEN WANT pROTEHTI0N