24 Mont. 335 | Mont. | 1900
delivered the opinion of the court.
By “An act to define the powers and duties of county surveyors, and to provide for their compensation, and to abolish the office of road supervisor, ” approved on the 4th day of March, 1897, and found at page 71 of the laws of that year, the duty of laying out, constructing, and repairing roads was confided to the county surveyor. The plaintiff was such
The sole question in this case is whether the plaintiff is entitled to collect mileage. Section 13 of the act of March 4, 1897, provides that “the county surveyor of each county shall receive as full compensation for the performance of his duties as county surveyor, in connection with the roads and otherwise, the sum of five dollars per day. ” It is conceded that this statute does not authorize the plaintiff to receive mileage, but he contends that section 4590 of the Political Code confers upon him that right. Section 4590 is as follows: “That members of the legislative assembly, state officers,, county officers, township officers, jurors, witnesses, and other persons who may be entitled to mileage, shall be entitled to collect mileage at the rate of ten cents per mile for the distance actually traveled and no more. ’ ’ If the phrase ‘ ‘who may be entitled to mileage ’ ’ qualifies the words ‘ ‘ county officers ’ ’ in the earlier part of the section, then the plaintiff is not entitled to mileage; if the phrase does not qualify “county officers,” the plaintiff is entitled to collect mileage, unless mileage is compensation. Por the purposes of this case, we assume, but do not decide, that mileage is not compensation, and that the expression “the distance actually travelled” sufficiently defines that for which the rate of mileage is prescribed.
The principal argument advanced by the plaintiff in support of his contention rests upon the omission of a comma after the words “other persons.” He asserts that because of such omission the phrase “who may be entitled to mileage” quali
The judgment is affirmed.
Affirmed.