Montana Attorney General Opinion 15-170

Opinion No. 170 County Commissioners-Mileage. HELD: Mileage of county commis- sioners is to be determined undel' Chap- ter 16, J.Jaws of 1933, and figured at seven cents per mile. April 18, W33. You request an opinion as to the mileage to be paid to county commis- sioners for the distance traveled in at- tending meetings of county commission- ers. As you state, the question involves the construction of Section 4464, It. C. M. 1921, and Chapter 16, Laws of W33. The first paragraph of such Chapter 16, which is an amendment of Sectioll 4S84 R. C. M. 1921, reads as follows: "Members of the Legislative Assembly, state officers, county officers, township officers, jurors, witnesses and all oth- er persons except sheriffs who may be entitled to mileage shall be entitled to collect mileage at the rate of not to exceed 7c per mile for the distallce ac- tually tra \'eled, and no more." 122 OPINIONS OF THE ATTORNEY GENERAL This statute does not refer directly to Section 4464 of the Revised Codes. Section 44tH provides that a commis- sioner shall receh'e lOc per mile for the distance necessarily traveled in go- ing to and returning from the county seat and his place of residence. The language of Chapter 16 is so definite it seems that there ean be no other con- clusion reached than that S'ection 4464 is modified bv the subsequent act. This law provides' that it fixes the mileage of certain officers and all other pre- sons_ Therefore, this language con- trols and the mileage of county com- missioners is to be determined under Chapter -16, Laws of 1933, and figured at 7c per mile.