Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-11-19

SAW SAAS
politics Of the states attorney office.
The suit was brought by r. A. Nestos,
present states attorney.
When the case was originally tried,
Judge leighton took the matter of
mileage out of the hands of the jur,
and directed a verdict for Warner
He allowed the jury, however. to d
eide just what interest iMr. Ware
should be compelled to pay for coun
money which he delayed turning int
the county Golfers. The amount &
this verdict came to about $500.
570a SO: SOC Trips.
It was shown by bills that Warren.
collected mileage amounting to 5,703
miles for visiting School District 1902
Bills were also rendered for 800 trips
made from Minot to Drake, Plaza anG
other towns, when as a matter of faci
these places were visited overland by
automobile.
The supreme court held that Judge
Leighton erred in several of his rul
ings and remands the case back for a
new trial. The following syllabus
sets forth clearly the points at issue:
Excessive mileage.
Syllabus: Action by County against
Superintendent of Schools to recover
~overcharge of mileage. 1t is conceded
that plaintiff must show that defend
ant collected for mileage that was
not actually and necessarily Travelled
III the performance of his duties.
Q) (a) 1t was shown by the bills
filed against Ward county tlat plain
tiff collected mileage amounting to
'5,703, miles for visiting School Dis.
trict No. 1872. Plaintiff then sought t.
show by the clerk of the district couri
that the ordinary and usual road tt
Minot Travelled by the residents o
that vicinity was only about seventeen
miles. This testimony was supple
mented by offers to prove that during
the time for which said mileage was
charged that defendant and his depu
ties we're constantly travelling around
the country visiting schools in an au
tomobile and that the bills filed show
ed. charges from 'Minot to Drake an(
Plaza by railroad and thence by team
to the district, which lay about hal.
way between Minot and Plaza. The
rejection of this evidence was revers
.ible, error. If road conditions, wealth
er or other circumstances necessitat
ed the extra mileage, the explanation
rested with the defendant.
Some 800 Trips.
CO.. Plaintiff offered to show thu
distance from the various schools tt
Minot by the longest route necessari
~. usually and ordinarily travelled be
tween such points during the period
for which the charges were made
ALSO, that more than 800 visits fol
which charges had been made from
!MinOt to Drake, Plaza, ETC., had ir
truth and fact been made overland
from iMlnot. Also that the longes'
route necessarily, usually and ordi
narily travelled between schools to the
city Of tMinot was less than the mile
age charged by the defendant by from
twenty to two hundred and ten mile
per district. Also, to prove by the
deputy superintendent of schools
that defendant in computing mileage
employed constructive mileage rattle,
than the actual mileage charged. Also
that during the period covered by the
action, and without loss to the eff
cheney of the school administration o
the county, that defendant or his dep
uties could have visited seven or more
schools on each trip before returning
to the city of Minot and by travelin
the distance from the schools visited
to the nearest railway station or tcwr
and from there to other schools
Plaintiff should have been allowed tr
prove the first four of those if it coulf
do SO by competent evidence.
Was Mileage Necessary?
(c) 1t was material for plaintiff tc
show that Kenmare, Ryder and Berth
old were special school districts, em.
ploying superintendent of their own
Such evi lence was admissible, ever
though defendant had certain duties
which n~ecessitated visits to those
schools. The fact Of their independ.
ent organization should be taken in.
to consideration by the jury in de
termining whether or not defendant
actually made the visits for which he
collected mileage and whether such
mileage was necessarily travelled.
(d) Plaintiff should have been al
lowed to cross-examine the defendant
as to the manner in wlich mileage
was figured in the presentation of his
bills.
(e) Plaintiff should have been al
lowed to examine the witness, Peter
son, as to his recollection of certain
visits made by him and he should
have been allowed to examine Exhibit
% to refresh his memory.
0 Plaintiff should have been a..
lowed to examine the witness, Peter
son, as to whether or not a great
many of the trips for which mileage
had been charged by Drake and Ry.
der were in fact made by automobile
directly from Minot.
Can Question Chauffeur.
(g) Plaintiff should have been al
lowed to examine the chauffeur fully
as to his custom in taking defendant
and his deputies to the various schoo'
districts during the time for which
mileage was charged by Drake, Ryder
etc.
CHI Plaintiff should have been al
lowed to prove, if it could, that de-
PENDANT had destroyed his temporar'
records after the commencement of
this action.