Ewing v. Ainger

• Decision Date: 10 November 1893
• Citation: 56 N.W. 767,97 Mich. 381
• Court: Michigan Supreme Court
• Parties: EWING v. AINGER et al.

56 N.W. 767

97 Mich. 381

EWING v. AINGER et al.

Supreme Court of Michigan

November 10, 1893

On rehearing. Denied.

For decision on appeal, see 55 N.W. 996.

James M. Powers, (A. A. Ellis, of counsel,) for the motion. Huggett & Smith, opposed.

PER CURIAM.

A motion for rehearing is made in this case. The main points to which the attention of the court is now called were discussed upon the former hearing, and what is now said of them is but a reiteration of the arguments then made.

It was contended by counsel for plaintiff, on the argument here that the statute prohibits committees appointed by the board of supervisors from receiving compensation only during the session of the board, and that services rendered by a member while on a committee may be charged for, and paid, if such service is rendered while the board is not in session. All that was said in the former opinion, in reference to this claim, was: "It is evident from the reading of the statute that the legislature intended to fix and establish the maximum amount that the board of supervisors could receive for services rendered to the county, and not leave it to the board to extend it beyond the limit fixed by the statute." We thought, at the time this opinion was rendered, that the construction of the statute was too plain to need extended argument. Since the time of handing down the opinion, the attorney general, it seems, has made inquiry of many of the county clerks as to the custom of the boards of supervisors, acting under this statute, in appointing committees to act outside of the session of the board, and the compensation allowed therefor. The attorney general also presents a brief upon the motion for rehearing, claiming a construction of the statute as interpreted by the several boards of supervisors.

We see no reason to change our views, as we then interpreted the statute. We think now, as then, that it was the intent of the legislature to fix the maximum amount which supervisors could draw from the counties for their services. The statute (section 502) provides: "Each member of such board of supervisors shall be allowed a compensation of three dollars per day for his services and expenses in attending the meetings of the board, and six cents a mile for each mile necessarily traveled in going to and returning from the place of such meeting, to be audited by the board and paid by the county; which compensation of three dollars...