Reed v. Gallet, 5728

CourtIdaho Supreme Court
Writing for the CourtBUDGE, J.
Citation50 Idaho 638,299 P. 337
PartiesWILLIAM T. REED, Suing on Behalf of Himself and of Other Persons Similarly Situated and Interested in the Subject of This Suit, Plaintiff, v. E. G. GALLET, as State Auditor of the State of Idaho, Defendant
Decision Date14 May 1931
Docket Number5728

299 P. 337

50 Idaho 638

WILLIAM T. REED, Suing on Behalf of Himself and of Other Persons Similarly Situated and Interested in the Subject of This Suit, Plaintiff,
v.

E. G. GALLET, as State Auditor of the State of Idaho, Defendant

No. 5728

Supreme Court of Idaho

May 14, 1931


OFFICERS-COMPENSATION-MILEAGE-CONSTITUTIONAL LAW.

1. Term "mileage" imputes necessity of travel to recover under provisions authorizing payment of mileage, mileage being allowance for traveling expenses at certain rate per mile.

2. Mileage allowed officer constitutes compensation only to extent of amount saved out of mileage allowance after actual travel is undertaken.

3. Court must give practical effect to language of Constitution.

4. Mileage allowance to legislators accrues only where members actually traverse distance from their respective homes to capital and thus incur expense (Const., art. 3, sec. 23).

5. Statute allowing mileage to members of legislature for attendance at extraordinary session held void as to legislators who remained at capital after adjournment of regular session pending convening of special session on following day (Laws 1931, Ex. Sess., chaps. 1, 4; Const., art. 3, sec. 23).

APPLICATION for Writ of Mandate. Alternative writ quashed and proceeding dismissed.

Alternative writ of mandate quashed and the proceeding dismissed.

Sidman I. Barber, for Plaintiff.

Mileage may be part of the compensation and pay of an official. (Marioneaux v. Cutler, 32 Utah 475, 91 P. 355; Christopherson v. Reeves, 44 S.D. 634, 184 N.W. 1015; Fergus v. Russell, 270 Ill. 626, 110 N.E. 887; Chapin v. Wilcox, 114 Cal. 498, 46 P. 457; State v. Raine, 49 Ohio 580, 31 N.E. 741; Dixon v. Shaw, 122 Okla. 211, 253 P. 500, 50 A. L. R. 1232; Leckenby v. Post Printing & Pub. Co., 65 Colo. 443, 176 P. 490; Peay v. Nolan, 157 Tenn. 222, 7 S.W.2d 815, 60 A. L. R. 408; State v. Thomason, 142 Tenn. 527, 221 S.W. 491.)

The legislator shall receive as compensation "for his services" per diem and mileage; but "such pay" shall not exceed $ 300 "for per diem allowances" in any one session. (Const., art. 3, sec. 23.)

Fred J. Babcock, Attorney General, and Z. Reed Millar, Assistant Attorney General, for Defendant.

Mileage is compensation allowed to public officers for their expenses while traveling on public business. (46 C. J. 1018; State v. Clausen, 142 Wash. 450, 253 P. 805; United States v. Smith, 158 U.S. 346, 15 S.Ct. 846, 39 L.Ed. 1011; Bouvier, Law Dictionary.)

Where a Constitution provides a per diem for services and a rate for miles traveled for members of the legislature, the per diem is salary or compensation for services and the mileage is an allowance to the member for expenses incurred. (Jones v. Hoss, 132 Ore. 175, 285 P. 205; Dixon v. Shaw, 122 Okla. 211, 253 P. 500, 50 A. L. R. 1232; Ashton v. Ferguson, 164 Ark. 254, 261 S.W. 624; Re Advisory Opinion, 90 Fla. 708, 107 So. 366; Fergus v. Russel, 270 Ill. 626, 110 N.E. 887; State v. Turner, 117 Kan. 755, 233 P. 510; State v. Clausen, 142 Wash. 450, 253 P. 805; Peay v. Nolan, 157 Tenn. 222, 7 S.W.2d 815, 60 A. L. R. 408; Terrell v. King, 118 Tex. 237, 14 S.W.2d 786.)

BUDGE, J. Givens, Varian and McNaughton, JJ., concur.

OPINION

[50 Idaho 639] BUDGE, J.

Plaintiff, a member of the current, twenty-first legislature of this state, from Kootenai county, was granted an alternative writ of mandate against the state auditor requiring the latter to draw, or show cause why he should not, a warrant for the payment to plaintiff of a sum equivalent to the number of miles from plaintiff's home to the capital and return at the rate of ten cents per mile, for attendance at the extraordinary session of the legislature convened at Boise, March 6-13, 1931.

As chapters 1 and 4 of the laws passed at the extraordinary session, an appropriation was made for the payment of the mileage of the officers and members for the extraordinary session, the state auditor being authorized and directed to draw his warrants on the general fund in payment [50 Idaho 640] thereof upon the certificate of the presiding officer of the House or Senate, as the case might be. The Speaker of the House duly executed and delivered to the state auditor his certificate certifying that plaintiff was entitled to a sum equivalent to the number of miles from his home in Kootenai county to the capital and return, multiplied by the regular mileage rate, for his attendance at the special session of the legislature. The defendant state auditor refused to draw and deliver to plaintiff such warrant.

The regular session of the legislature adjourned at 9 o'clock P. M., March 5, 1931. By proclamation of the Governor, read to the members of the legislature immediately prior to adjournment of the regular...

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6 practice notes
  • Wright v. Callahan, 6733
    • United States
    • United States State Supreme Court of Idaho
    • February 3, 1940
    ...be given a practical and reasonable construction. (Oregon Short Line R. R. Co. v. Pfost, 53 Idaho 559-568, 27 P.2d 877; Reed v. Gallet, 50 Idaho 638-643, 299 P. 337; Grice v. Clearwater Timber Co., 20 Idaho 70-76, 117 P. 112.) The transfer of duties from one officer to another by act of the......
  • Taylor v. State, 6818
    • United States
    • United States State Supreme Court of Idaho
    • January 21, 1941
    ...they are usually understood by the people who adopted them. (Powell v. Spackman, 7 Idaho 692, 65 P. 503, 54 L. R. A. 378; Reed v. Gallet, 50 Idaho 638, 299 P. 337; Prior v. Noland, 68 Colo. 263, 188 P. 729; Cashman v. Vickers, 69 Mont. 516, 223 P. 897; State v. Moody, 71 Mont. 473, 230 P. 5......
  • Bannock County v. Citizens Bank and Trust Company, 5919
    • United States
    • United States State Supreme Court of Idaho
    • May 19, 1933
    ...on hand and paying it out would be impracticable. Courts must give practical effect to the language of the Constitution. (Reed v. Gallet, 50 Idaho 638, 299 P. 337.) The Public Depository Law requires security for the protection of public moneys to be deposited in banks, thus providing a saf......
  • Lloyd Corp. v. Bannock County, 6052
    • United States
    • United States State Supreme Court of Idaho
    • August 3, 1933
    ...of article 7, of the Constitution: Bannock County et al. v. Citizens' Bank & Trust co. et al., ante, p. 159, 22 P.2d 674; Reed v. Gallet, 50 Idaho 638, 299 P. 337. Taxes have been used more than any other instrument of government, as an engine of oppression. Constitutions are made for the u......
  • Request a trial to view additional results
6 cases
  • Wright v. Callahan, 6733
    • United States
    • United States State Supreme Court of Idaho
    • February 3, 1940
    ...be given a practical and reasonable construction. (Oregon Short Line R. R. Co. v. Pfost, 53 Idaho 559-568, 27 P.2d 877; Reed v. Gallet, 50 Idaho 638-643, 299 P. 337; Grice v. Clearwater Timber Co., 20 Idaho 70-76, 117 P. 112.) The transfer of duties from one officer to another by act of the......
  • Taylor v. State, 6818
    • United States
    • United States State Supreme Court of Idaho
    • January 21, 1941
    ...they are usually understood by the people who adopted them. (Powell v. Spackman, 7 Idaho 692, 65 P. 503, 54 L. R. A. 378; Reed v. Gallet, 50 Idaho 638, 299 P. 337; Prior v. Noland, 68 Colo. 263, 188 P. 729; Cashman v. Vickers, 69 Mont. 516, 223 P. 897; State v. Moody, 71 Mont. 473, 230 P. 5......
  • Bannock County v. Citizens Bank and Trust Company, 5919
    • United States
    • United States State Supreme Court of Idaho
    • May 19, 1933
    ...on hand and paying it out would be impracticable. Courts must give practical effect to the language of the Constitution. (Reed v. Gallet, 50 Idaho 638, 299 P. 337.) The Public Depository Law requires security for the protection of public moneys to be deposited in banks, thus providing a saf......
  • Lloyd Corp. v. Bannock County, 6052
    • United States
    • United States State Supreme Court of Idaho
    • August 3, 1933
    ...of article 7, of the Constitution: Bannock County et al. v. Citizens' Bank & Trust co. et al., ante, p. 159, 22 P.2d 674; Reed v. Gallet, 50 Idaho 638, 299 P. 337. Taxes have been used more than any other instrument of government, as an engine of oppression. Constitutions are made for the u......
  • Request a trial to view additional results

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