, 1873-04-18
COMMISSIONERS PER DIEM.

Judgo Gnry's Decision on tho Fer
Diorn Queation-.Svlao nro County Of
ficors9
Tho petition to onioin the payment Of tho 95
por dcm of tho County Commissioners has been
refused by Judge Gary. His Honor said that
tho Constitution Of tho State loft him no queH-
t1on to decide. Tho law waa quito clear and
could not bo uisapprohcndod. Tho Constitution
of 1870 provided for tho election OF and conduct
of Affairs of DoRrd OF County Commissioners.
Under tho load County Government" Article
10, 500. 7, would bo found tile following: "Tho
county affairs Of Cook County shall be managed
by Board OF Commissioners Of aftccn porsonD,
tenof whom shall bo elected from tho Oityof Chi
cngo, and Avo from townB outaide Of said city, in
such manner rs nlay be provided by law"
Tho compensation Of county officers is provid-
cd for by Sec. 10, as follows: "Tho County
Board, except as provided III sec OF this
article, shall fix the compensation Of all county
offlcora with tho amount Of thoir necessary olork
hire, stationery fuel, aud all other expenses,
and, in all casos whore foes arc provided for,
said compensation shalI DO paid only out Of, and
shall in no instance exceed, tho feos actually
collected; thoy shall not nllow either Of them
more per annum than 81 500 in counties not OK
oceding 10000 inhabitants; $4,000 in
countiea containing 10000 and not OK
coodlug 10000 Inhabitants; $4,000 in
oountios containing $4,000 and not exceeding
10000 Inhabitants $4,000 in counties containing
$4,000 and not exceeding 10000 inhabitants
$500 In counties containing 10000 and not OK
cocding 100000 inhabitants; mud 81 600 in coun-
ties containing over 100000 and not exceeding
250, 900 inhubtantB aud not moro than $1,000
additional compensation for each additions
al 100000 Inhabitants. Prouided, That
tho compensation OF no otIlcor shall be In
creased or liminlahod during Lis term Of Office
All foes and al1owancos by them received, in ex-
cess Of their said compensation, slall bo paid
into the County Treasury"
It, thorofora, remained to be soon whether
from tho "county officers" " whose componsaton
auch County Doard waa to liz under the author
ity OF tho Inst quoted Hection. Beo. Q pro-
yl1eH; ''trho Clerk OF all tho Courts Of Record,
Doeds Of Cook County, shall receive, az tho only
compensation for thoir aorviceB, salaries to be
flsod by law, which SHALL III no caso. bo as much
as tho lawful compensation Of Judge Of the
Circuit Court Of said county, aud shall bo paid.
tho Office actually collected. All foes,
porauisitoa and cmolumentg (aboyo the amount
Of said salnrios) shall bo paid into tho County
siatants Of such ofiioers shall DO dotornined by
r1lle Of tho Circuit Court, to bo entered Of roc
by tho County Board"
The point was raised Tint tho Legislature had
nxod tho aalary, OF tho Commissioners at 80
much por diem; but the Court WAS under no OBJ
ligation to consider it. Tho question waa
already decided by tho Constitution, aud tho
Legislature could not override tho Constitution.
Article 10 provided, In Soc. =, that n County
Board Of Con,nisaionors should DO appointed to
manage the affairs Of Cook County; and by Bee.
10, provided that said County Board Should fix
tho pay Of all county ofleorB, o1cept those
namod in Seo. D. There could bo no doubt that
tho County Doard woro county offlcora, md aH
thoro was nothing more to DO said. Tho Court
had nothing to do with tho lnattor, md no opiu-
ion to form. Tho law was rs olear as noon-tido,
and the application for injunction must bo dis
missed.