The Columbus journal. (Columbus, Neb.) 1874-1911, 1911-07-05

ana IeBuIot1n& compensation OF COM
missioners OF insanity provides In part
As follows: The examination physic-
ian shall be entitled to $500 for each
case examined, and mileage ut the
rate OF 10 cents per mile each way"
Any person coming within the pro-
visions OF the Dipsomaniac Law u
legally speaking. q patient, and treat
ment at the Hospital for the Insane Is
provided for. This being true, / am
OF the opinion that the examining phJR
stefan Is entitled to $500 for each case
examined together with his mileage.
However. I am Of the opinion that said
examining physician Is not entitled to
such pay unless a professional examin-
alton Is in fact made, and would re-
commend that any claim by such ply
stefan for an examination fee be denied
unless the claim shows that such pro-
fessiOnal examination had been actual
ly made.
Respectfully submitted.
G. N. McELFRESH.
County Attorney.
On motion same was ordered to be
spread upon the record.
The following was presented to the
board Of supervisors:
Gentlemen: With reference to the
sheriff retaining mileage collected or
earned by him to cover his expenses
for making trips and serving papers
within his county, beg to report that
Section 9437 regulating the fees Of
sheriffs and as amended. Of Cobbey's
Annotated Statutes for the year 1903.
provides in part as follows:
Travelling expenses for each mile.
actually and necessarily Travelled,
cents"
provided further. that the sheriff
shall on the first Tuesday in January.
April. July and October Of each year.
make a report to the Board Of County
Commissioners or Supervisors, under
oath. showing the different items of
fees except mileage collected or earned
from whom. at what time. and for
what service and the total amount Of
fees collected or earned by such Of
ficer since the last report and also
the amount collected or earned for
the current year and he shall then pay
all fees earned to the county treas
urer."
Section 943S Of said statute and as
passed in 1907 and In force from
April S. 1907, places the sheriffs Of the
various counties upon q salary basis.
the compensation. Of the sheriffs prior
to said act Of 1907 being on q fee basis.
As to the sheriff accounting for fees
collected by him the Attorney General
has rendered the following opinions
based upon the foregoing sections of |
the statute:
'The sheriff is required to pay all
fees earned to the county treasurer,
except the fees as allowed for board |
ing prisoners and conveying state |
to the state pehitentiary"
I'm addition to their fixed salaries |
sheriffs are not entitled to any fees /
excepting for the care Of prisoners"
'Tnder the amendment Of 1907, the /
sheriff must report the items Of fees
except mileage either collected or
and the total amount Of fees
collected and earned. including mile
lge and pay over to the county all
ICES earned including mileage"
"The Attorney General has further
,eld:
'-The sheriff Is limited to the sal
Try provided by law. For such salary
le must perform all duties relating to
lis office. I do not think the law con-
emplates reimbursing the sheriff for
expenses incurred for service Of papers
n for making arrests in his county.
evidently the legislature intended that
he sheriff furnish his own means of
conveyance for the salary fixed by the
tatute"
Il do not think the sheriff II en-
tiled to charge or retain mileage for
Onveying patients to the Insane
Isylum. but I am Of the opinion the
legislature did not intend to impose
pom him the hardship Of paying his
wn railroad fare and actual expense
1curred in conveying an insane per- :
on to the asylum. This is a service
erformed outside of the county and I
mink the county board OF each county
'Ould be justified in reimbursing the
heriff to the extent Of his actual ex-
enses incurred in performing this
ervice.
In view Of the foregoing and from
careful examination Of the statute, It
my opinion that the sheriff Is
bliged to pay all fees earned or col
cted. including mileage. to the county
cdSuTcI, anu SluCc hPTh 4SVG, i =
Icept fees for the boarding OF pris-
ners. and that he cannot retain the
ileage collected or earned by him
cover expenses incurred In the per-
'rmance of any duty arising within L
8 office and within his county. It Is
y opinion that for any services per- J
rmed outside Of his county. such rs @
'nveying convicts to the penitentiary A
I'd insane persons to the asylum. he
entitled to not more than his actual C
penses.
Respectfully submitted. IG
c. n. McELFRESH.
County Attorney. J.
On motion same was ordered to be
read upon the record. n
On motion all bills and Official bonds
file with the clerk Of the board Y
ere referred to appropriate commit
es. ~
Moved by Supervisor Schaecher that
e board OF supervisors now adjourn J,
It'll Friday. June 1s. at 3 o'clock q. m.
,tion carried. J,
Columbus, Neb. n
June 16. 1911. il
The board Of supervisors pursuant to | C..
tournament met at o'clock q. m. F.
N. Louis Schwarz. chairman and | H
I'M Graf. clerk. Jl
Roll called and following members Jo
esent: Jo
Supervisors Clother. Dasenbrock. | CT
laecher. SEIZURE. Smith, Wilson and
airman Schwarz. tt
rhe petition Of d. 5. Hayes and 9TH
for the location of q public road 20 D,
( In width. commencing At the n,
,theast corner Of section -. town %,
Hanno nest and ennnina fhAnca | -