Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-11-17
WARD COUNTY
Can COLLECT
FROM WARREN
Supreme Court Finds that Form
er Superintendent Over
charged.
LEIGHTON REVERSED;
NEW TRIAL ORDERED
Taxpayers Can Recover All Ex-
cess mileage that Can Be
Established.

GSLaDllSQou.
E. G.. Warren, former superintend-
ent of Ward county schools, must re-
turn all excess mileage charged by
him during his terms of Office. The
supreme court yesterday reversed
Judge Leighton and, in ordering new
trial, declared that many of Warren's
charges were excessive and that the
county is entitled to recover. The
sum at stake is between $4,000 and
$11 1000.
Justice Burke writes the opinion.
Justice Goss did not participate in
the case.
Fought Bitterly.
This case has been fought bitterl;
in Ward county and entered into the
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 jury
and directed a verdict for Warren.
lie allowed the jury, however, to de-
eide just what interest Mr.. Warren
should be compelled to pay for county
money which he delayed turning into
the county Golfers. The amount Of
tais verdict came to about $500.
57os For scc trips.
II was shown by bills that Warren
collected mileage amounting to sos
miles for visiting School District ice
Bills were also rendered for 800 trips
made from Alinot TO Drake, Plaza anti
other towns, when as a matter of fac,
these places ;awere 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 triaLs Tle following syllabus
sets forth qeaaarly the points at issue:
Excessive mileage.
syllab1s::s 'ActionFby 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
in the performance OF his duties.
t (a) 1t was shown by the bills
filed against Ward county that plain
tiff collected mileage amounting to
5,703 miles for visiting School Dis.
trict No. 1902. Plaintiff then sought to
show by the clerk OF the district court
that the ordinary and usual road to
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 were constantly travelling around
the country visiting schools in an au.
tomobile and that the bills filed show
ed charges from Minot to Drake and
Plaza by railroad and thence by team
to the district, which lay about half
way between iMinot 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 the
distance from the various schools to
MinOt by the longest route necessari-
ly, usually and ordinarily travelled be-
tween such points during the period
for which the charges were made.
Also, that more than 300 visits for
which charges lad been made from
Minot to Drake, Plaza. ETC., had in
truth and fact been made overland
from N1)inot. Also that the longest
route necessarily, usually and ord-
narily travelled between schools to the
city of iMinot was less than the mile
age charged by the defendant by from
twenty to two hundred and ten miles
per district. Also, to prove by the
deputy superintendent of schools
that defendant in computing mileage.
employed constructive mileage rather
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 of
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 travelling
the distance from the schools visited
to t:le nearest railway station or town
and from there to other schools.
Plaintiff should have been allowed to
prove the first four of those 5if1it could
do so by competent evidence.
Was Mileage Necessary?
(c) 1t was material for plaintiff to
show that Ken'nare, Ryder and Berth
old were special school districts, enl-
ploying superintendent Of their own
Such evi lence was admissible, even
though defendant had certain duties
which necessitated visits to those
schools. The fact of their independ-
ent organization should De taken in
to consideration b. the jury in de-
termining whether or not defendant
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