Kelly v. Multnomah County

• Decision Date: 14 January 1890
• Citation: 18 Or. 356,22 P. 1110
• Parties: KELLY, Sheriff, etc., v. MULTNOMAH COUNTY.
• Court: Oregon Supreme Court

22 P. 1110

18 Or. 356

KELLY, Sheriff, etc., v. MULTNOMAH COUNTY.

Supreme Court of Oregon

January 14, 1890

Appeal from circuit court, Multnomah county; E.D. SHATTUCK, Judge.

This is an action brought by appellant, who is sheriff of Multnomah county, and the keeper of the jail, against that county, to recover for the actual cost of some blankets furnished to the prisoners while confined under criminal process in the jail of that county. The county demurred to the complaint, and had judgment in its favor, from which the plaintiff has appealed. The sole question to be determined is whether or not the county is under a legal obligation to pay the sheriff the amount expended by him in the purchase of such blankets.

(Syllabus by the Court.)

The question of a county's liability depends solely upon the statute. It is not liable unless the statute has created the liability.

Section 3975, Hill's Code, makes it the duty of the keeper of each jail to furnish and keep clean the necessary bedding and clothing for all prisoners confined in his jail, and to supply them with wholesome food, fuel, and necessary medical aid.

By section 3977, Hill's Code, the charges and expenses for safe-keeping and maintaining all prisoners committed to the county jail, unless otherwise provided by law, are payable out of the treasury of the county.

By section 2341 a sheriff is entitled to five dollars a week for keeping and boarding prisoners till the number confined on criminal process shall exceed four. Then he shall receive three dollars per week for keeping and boarding each one of said prisoners. But this does not include pay for the necessary bedding, clothing, fuel, or medical aid which he is required to furnish by section 3975, and for which the county is made liable by section 3977, supra.

Where those persons whose duty it is to execute a law have uniformly given it a particular construction, and that construction has been acquiesced in and acted upon for a long time, it is a contemporary construction, which always commands the attention of the courts, and will be followed unless clearly and manifestly wrong.

W.H Adams, for appellant.

C.B Bellinger, for respondent.

STRAHAN J., (after stating the facts as above.)

The question of the county's liability depends solely upon the statute. It is not liable unless the statute has created the liability. Section 1026, Hill's Code, authorizes the sheriff to appoint a jailer, and makes him responsible for such jailer's acts. Section 3975 provides that "the keeper of each jail shall furnish and keep clean the necessary bedding and clothing for all prisoners in his custody, and shall also supply them with wholesome food fuel, and necessary medical aid." Section 3977 provides: "The charges and expenses for safe-keeping and maintaining all persons duly committed to the jail of the county for trial, or sentenced to imprisonment in the county jail, or who may be committed for the nonpayment of any fine, or for any contempt, shall, unless otherwise provided by law, be paid out of the treasury of the county; the account of the keeper being first allowed by the county court of the county from which the prisoner was committed." Section 2341 provides: "A sheriff shall be entitled to receive five dollars a week for keeping and boarding any person arrested upon civil or criminal process, in the county jail, and a proportionate part thereof for any fraction of a week: provided that, if at any time the number of persons confined on criminal process in such jail shall exceed four, then the sheriff shall receive three dollars per week for boarding and keeping each one of said prisoners during the period such prisoners shall remain in custody." These are the only provisions of the statute that relate to the subject. The decision of this question must turn upon the construction to be given to sections 3975, 3977, supra. Among other things which the keeper of the jail is bound to furnish prisoners committed to his custody by section 3975 is ...