The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-12-20
CAIRO ILLINOIS THURSDAY, DECEMBER 90 1877
county, was then presented and read, viz.
LAW OFFICE GREEN ( GrLBEEr,l
Cairo, Ills, Dec. 8, Isl,
Board Of County Commissioner

Board OF County Commissioners
GENTLEMEN; In reply 10 your
communication hereto attached, we
beg TO say, after fun and care
full examin alton OF the subject, that Ar
ticle Y, Sec. 10, Constitution, 1910 IS sus-
ceDtible Of two different constructions, as
respect the meaning Of the VOID "COm-
pensation" US used therein;
First 1t may be held that the term com
pensat!on' includes not simply tho amount
10 be paid for shertl's services but also the
necessary [clerk hire, Stationery, fuel ald
other expenses of his Office.
Second; Itmay be held that the term
Compensation means simply Tue amount
to be paid for the sheriff 8 services and does
not include the necessary expenses OF the
office
80 tar, as the right and power of the
board, 10 fix the amount to be paid Tor tho
sherih's Services aud TO also fix the
amount OF the necessary expenses OF his
Office IL concerned, IL Is immaterial which
| construction is adopted; for IN either event
The power 10 fix must be conceded, and
the sheriff so far as he isconcerned Is ab-
| solu:ely bound Oy tne amount or gfnOdnts
so hXed, and has no legal claim upon the
county for one cent more, on account OF
any service performed or expense incurred.
! But, when the 'po wcr' OF the board 10 pass
/ the order in question, or TO so far mOoiiy
II as to allow an additional sum for 'eX-
penses' bey ond that specified in the order
| Is brought in question, then the true con-
struction to be placed upon the meaning of
the word compensation as used in said
| 10th Sec. Becomes OF vital importance.
! If the true construction is as first above
stated, then 1t Lot only follows that the
proviso "that the Compensation OF no
ntlippr shall hp ippraaGaH lini nj. haI
during his term OF Office" prohibits the
board from increasing the amounts
named in said order by making further
allowance for clerk hire or other expenses;
but IL also follows that the order itself az
originally passed is void in so far rs il a.
| lows anything on account OF services or
expenses beyond $1,000; for the language
Otthe constitution, "They uhe board) shall
not allow either of them (the sheriff, etc.
more per aunum than $780," is obligatory
and imperative, and renders void the ac-
ton Of the board in allowing the $500 and
500 in excess of the $1,000 fixed by the con-
stitution.
On the other hand, If the true construc-
ton be as 'secoud' above stated. then the
$1,000 limitation as also the proyiso in re-
gard to increase, etc. I vi len relate solely to
the compensation as fixed by the board
do not effect the question of expenses OF
the office, and, not only is said original
order valid: but it is within the
power OF the board, in the exercise OF
sound discretion, to increase the amounts
heretofore allowed or DXed for necessary
expenses, by fixing further sum for
clerk hire provided it was necessary.
We are disposed to adopt the latter con-
struclion, as the more reasonable, just and
correct One-i. best accOrds, in our Opinion,
with the context and the established rules
for constituting statutes, We think that by
the word compensation the legislature
simply intended the amount TO be allowed
for the officers Services salary, as it
were. he should receive for each and every
years service during his term OF office;
that this amount should be fixed and as.
certained in advance: should be paid only
out OF fees he collected; should not 'eX-
ceed' $1,000 per annum and should not be
increased or diminished during his term of
office: that as IT spects the necessary CLERK
hire stationery. fuel and other)expenses,'
while IL should be left emit ely with the
board TO Tx and determine the amount 10
be allowed therefor, and the sneTif should
claim nothing beyond the amount the board
choose to Tx and allow: yet, in as much as
these were matters subject TO fuctHaliOn
and change and liable to be increased or
diminished as circumstances might re-
quire, 1t was not intended TO place any re-
striction upon them other than that they
should be necessary nor any prohibition
whatever against an increase thereof when
justice required The amount OF clerk
hire. fuel, stationery or various other eX-
penses incidental to the Office and essetial
10 the due administration o: justice could |
Lot with any degree OF certainty be deter. |
mined upon four years in advance. The |
4 lnt, 4
it afford to pay, and the officer could know |
ingly determine what he could afford to |
accept, for his services per year, during |
his office: but In matter OF the expenses |
that might be necessarily required for |
stationery, fuel, clerk hire, Transporting |
prisoners and other purposes would de- |
pend upon circumstances and huCtuate |
Zach year; aud it should therefore be LETT |
with the board to determine this matter as |
justice and the eYigencies ofthe case might |
require. The public have protection in |
the fact that the officer can claim nothing |
tor expenses except such as the board |
fixed and allowed; and the board We're
only authorized to Fix and allow 'neces-
sary' expenses.
In the view we take OF the case, your
board would be authorized, if, in the eX-
ercise ola sound discretion, it thinks it
Just and proper to do so, to allow the sher-
III such further sum as may have been IN
Cured by him on account of expenses
for clerk hire, etc.in excess of the said 500,
as they deem right, not to exceed, in all, |
the actual expense incurred. provided they |
are satisfied that such expense was 'neces.
sary,'
Inc case of Kilgore vs. The People, ETC.,
Chicago Legal News, volume 7, page 37l, |
might at first blush, seem to initiate
against the opinion above given: but
careful examination of the case satisfies us
that the decision is not adverse to the
opinion now reached by us. IN the Kilgore
case the officer was seeking tOrecOyel com
pensation tor his services in eXcessOf what
the board HAD hXe4 or were willing to al
low; and the power OF the board to meke
an allowance or additional allowance for
necessary expenses did not arise. The
board had fixed the officers compensation
at 800 per annum with q prOyiso: PRO
yided that he furnished his own iue, sta
tlonery and clerk hire" The point was
made by the officer that, by the order, the
board had not "iiXed' his compensation"
with his necessary clerk hire, stationery,
fuel and other expenses because the or
der did not fix specific sum for salary
and specific sum for the expenses of
the oflice;' and that, the board having failed
10 Tx, etc, He Ntue oHceIl coulu retain
statutory fees and commissions; and the
point decided was that although in aud by
the order no detinate sum was specified as
for salary "a word not used in the law or
as for expenses yet his entire compensa.
tion,' the whole compensation, including
stationery, fuel and clerk hire WAS liked
by the order limited to 500 TOR every
thing'-and the order was therefore
sufficient compliance with the law. and the
sheriff could not legally claim anything +
beyond what the board had allowed him.
While we are not aware that the court
has eyer passed upon the question now UNI
der consideration; yet, We are OF the
opinion that their decision, when such
case comes BET re them, will not beadverse
to our views as herein presented.
Respectfully Yours,
GREEN Il GILBERT,