87 Iowa 563 | Iowa | 1893
— The plaintiff, who was a duly appointed and acting commissioner of insanity of the defendant county for the year 1891, claims that in the discharge of said duties he was actually employed on seven separate days, in February, April, and May of said year, for which he claims compensation at the rate of three dollars for each of said days. He filed his claim as required by law. The defendant’s board of supervisors neglected to allow it, and he brought suit therefor. The defendant, answering, admits that the plaintiff is one of the commissioners of insanity for the defendant county, and that as such he served in certain cases set out, but avers that in each ease he was-actually employed not to exceed an hour, and says he is entitled to compensation at the rate of three dollars per day for the time in fact employed. Judgment was entered for the plaintiff for the full amount claimed.
This case, involving less than one hundred dollars, comes in this court on a certificate wherein the question of law which we are asked to decide is thus stated: “When the commissioners of insanity of the county are in session on a given day one hour, or any number of hours less than a whole day, are they entitled to three dollars each for each such session, or only such part of three dollars as the hour or number of hours is a part-of twenty-four hours?”
The determination of the question involves the construction of section 3825 of the Code (McClain’s Code, section 5102), the material part of which reads: “The commissioners of insanity shall be allowed at the rate of three dollars per day, each, for all the time actually employed in the duties of their office. They shall also be 'allowed their necessary and actual expenses, not
The appellant’s claim would lead us to this result: That the legislature intended by the language used that these commissioners should be paid a little over twelve cents an hour for each and every hour of their employ■ment. This, it will be observed, would be less compensation than is allowed by law to officers generally, when we consider the number of hours they are usually employed. Indeed, it is far.less than the law allows, in many cases, where the duties of the officers are much less important than those required of commissioners of insanity. This, of itself, could not affect the case, if the statute clearly supports the appellant’s contention. But the kind and character of the service required of these commissioners, the necessity of their being men of character and skill, the importance of the work they are called upon to do, are all proper to be considered in • determining the intention of the legislature, if the language in which that intention is expressed is fairly susceptible of different constructions. It seems to us that the limitation of pay to “the time actually employed” was put in the statute, not to limit the compensation to the hours in fact occupied iu the discharge of their duties, but rather to the days on which they rendered service. If no such words had been used, it would