Show COURT GOURT REPORTERS J CAN GAN NOT COLLECT Supreme Judges Rule Adversely to Stenographers in Mileage Case SHOULD PRESENT CLAIMS Examiners Must Pass on Ac Accounts Ac- Ac counts Passes counts Passes Dont Don't Count Countin in Appropriations Court stenographers In the tho district courts of of Utah will have ha to gues awhile before the they can know whether the state will wilt allow them mileage In Inan Inan Inan an opinion handed down by the su su- su premo preme court yesterday one point was ruled upon but tho the broad proposition as to whether the stenographers are arc really entitled to mileage under the theIn In law Is left untouched the opinion stating that at this time It Is not prudent prudent prudent pru pru- dent to rule upon the other questions that mn may arise Justin R. R Davis stenographer steno in Ju Judge c Charles W. W Yo V. Morses Morse's court applied applied ap up- plied hued to tho the supreme court for a writ of mandate to compel State Auditor J. J J A. A Edwards to allow his claim for for tor mileage mileage- The state au auditor had refused to pa pay the claim on the thc ground that It was not pl passed ell upon by bythe bythe bythe the state board of examiners Davis DavisIn In his application had set out that he had made a a. contract with Judge Morse to act as court reporter as provided provided pro pro- vl vided Cd by law lie lIo cited the fact that the tho statutory provision might authorize author author- ize Izo the lie payment of ten cents a milo mile for distance actually covered b by h him In Inthe Inthe inthe the discharge of hl his duties s lie ob- ob a certificate from Judge Morse to tho tile effect that lie had hail traveled miles Ho presented the claim for to the tho state auditor and it was turned down Prick Friek i A Auditor Justice Frick who wrote the opinIon opinion opinion ion his associates concurring said that at first blush we were inclined to agree with the petitioner and If It were not for a constitutional provision provision provision provi provi- sion which we think stands s In the way vay we would be Inclined to hold that tho petitioner should prevail In this pro pro- cN He lie goes on to sa say that the constitution provides that the thin state hoard board of examiners shall pass upon all claims except pt those thoo of or salaries of or officers fixed by law In oth other r claims th the auditor must wait until the state board passes passos upon them Claims for mileage the tho opinion holds must bo be passed p. upon by the examiners and In the application for Cor fora a n. writ Davis does doe not set let out that the claim had been bee presented to the th board hence th the supreme court hold holds that the general demurrer presented b by the auditor Is 11 well taken token and anel the application for tor a writ Is denied The rue opinion Intimates that there art arc other Important points that might b bE ruled upon but owing to the tho constitutional const provision that tho the examiners must pass upon the tho claim the tho writ was wat a denied denle for that reason alone The rue last legislature appropriated 1 for tor stenographers and out ol ot this was to come mileage where transportation trans Is not used Stenographers who ride on passes asses could not receive recel pay but must obtain vouchers for or actual money noncy spent and present th the voucher to tho the state for Cor payment Instead In- In stead of at paying tOrt ton cents centa a a. milo mile out of ot that fund tho the was vaa required require under tho the law to to to- PD pay only what th the stenographer himself nad actually paid |