The Trinity journal., 1856-07-19
County Judges Salary.

Al the last Term of the District Court for Hum
boIdt County Judge Pitzer made an important
decision in relation to the salary of the County
Judge OF that county. 1t appears that the Coun-
ty Seat Of Humboldt has haly been changeG
from Union to Eureka Judge Wyman, the
County Judge resides at Union.
An act of the Legislature, passed in April,
Is5i, made il the duty of County Judges to re-
side at tile County seat and for n0n-compliance
with the requirements Of this act, it declared M
County Warrant shOuld be Issued for the payment
of their salary. Under this act the County Audi
tor refused to draw Warrant in favor Of ,Judoc
Wyman for the salary due him as County Jud,c.
Application was therefore made for q writ Of MAN.
damus to compel the Auditor to draw the War
rant We give below synopsis of the opinion Of
the Court, copied from the Humboldt Times:
The Court, after argument of counsel
held that the Office of County Judge is a
constitutional Office ; and the mode of fsllinp
which, the number to be elected, the term
of the Office, and the certainty of cOmpsn-
sation of the incGmbentS, are provided for
and regulated by, the constitution. When
the constitution has created an office, and
provided how it shall be flied, and the quail
icatiOns necessary to the incumbent, the
Legislature cannot interfere by imposing
conditions that will render it worthless to
the incumbent, and disturb or DESTROY a
vested right therein
The Judge has duties to perform-iudicial
in their nature-and as long as he performs
them, pointed out by the constitution.
When he ceased to perform his duties, their
is mode pointed out to remove him from
Office but as long as he holds the Office,
there is no power by which his salary can
be touched, and the Legislature cannot pass
law which will have the effect, if not com
piled with, to work a forfeiture of his salary
and he at the same time remain in Office.
The court held that to admit the validity
of the act requiring County Judges to re-
side at the seat Of justice, on pain of for
feiture of their salary would be to admit n
principle which would make the judiciary a
mere tool of the Legislature-because if thev
could require the Judge to reside at the
county seat they could require him to re-
side at any other particular point in tho
county, and if the Legislature possessed
such rightin respect to the County Judges,
it could be extended to the other Judges
The District Judges might be required to
live at some halfway place in their districts
or all the Supreme Judges required to re.
side at the capital, or such places might he
assigned for the residence of the judges "a
to make it impossible to comply with the
act, and by this means Judges, obnoxions 70
the Legislature, might indirectly be removed
The Court held the act to be inoperat;vo
as we'll in respect to future County Judges
as those elected before its passage becanss
the Constitution does not contemplate sncb
q restriction, An eector of the county Is
competent person for the Office, and it makes
no difference at what point in the county he
may reside, and after he is once elected il
cannot, of course, affect him, After stotin.
that the Auditor acted as any other prudent
man i'll that capacity should have acted in
Withholding the warrant where the law d.
rected him to do so, peremptory mapdst
was ordered