Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-07-31
ZEE cousrY aovgsNmEsE AoE.

III DORADO county, III tn5 Case VI IL HAOASoA-
zen, County Assessor, We. E. w. Wilmer,
County Auditor. in which bis Honor holds
the new county government bill, SO far as it
relates to the salaries of fhcers, to be uncon-
stitutional. The RECORD. Unions corre-
spondens at Plarerville has forwarded the
following full text Of the decision
This petitioner is Assessor of El Dorado
county, and claims that his salary was not
fixed by law until the passage by the last
Legislature Of the Act known as the County
Government Act. The respondent, among
other reasons, has refused TO draw warrant
for the salary Of the Assessor as fixed in that
Acs, on the ground that the Act is unconsti-
tutiousl, under Section Of Article II. of
the Constitution. That section reads "a fol-
lows:
Section 5. The Legislature, by general aud uni
form laws, shall provide Tor the election appoint
ment, in the several counties, Of Boards Of Super
ysors, Sheriff. County Clerks, District Attorneys,
and such other county, township and municipal OH
cers as public convenience may require, and shall
prescribe their duties and fix their terms OF ottes.
It shall regulate the compensation Of all such Off
GERS In proportion to duties, and for this purpose
may classify the counties by population; and 1t
shall provide for the strict accountability OF county
and township ofii GERS for all fees which may be col
lected by them, and for al public and municipal
moneys which may be paid t. them, or officially
come into their possession.
1t is clear from thu language OF this section
that one object OF the Constitutional Coaven-
ton was TO prevent special legislation in tx
ing fees and salaries OF county officers. When
this section was under confederation (see de-
bates, pages 1049-50 } in the Convention, an
amendment was offered which would have
destroyed this feature Of tbs seetiou. In
speaking upon this amendment Mr. Freeman,
a member Of the committee that reported this
section, said:
Now, the evil which the committee sought to
avoid was this The evil Of special pleading the
evil Of going from the county TO the Leglsla-
ture and having special laws passed which affected
their county only. To cure that evil the committee
have provided for a classification of counties, and
provided that the salaries OF the various county OH
GERS should be fixed upon some scale. Now, the
amendment does not provide for that nor for any
thing else The simple result Will be that the Legs
lature will as heretofore, have control over the
question.
That special legislation for the regulation Of
county officers would be unconstitutional, hiss
been conceded by each Legislature that has
met since the adoption of the new Constitu-
ton, The Act passed by the last Lsgiela-
ture, known as the County Government Act,
is the first successful effort made by tbs Legis.
lsturs to pass su Act to regulate the salaries
Of county officers.
That this was the object becomes still more
apparent upon further examination Of the
Act.
That there ara many aud almost insur-
mountable difficulties in the way Of making
the classification and regulating the compen-
sation of officers as required by Section 8.
Article XII, there can be no doubt. But this
argument does not relieve the Courts from
the duty of declaring unconstitutional any
Act which is a clear violation of this section.
twill hardly be commended that classification
which would place each county in class by
isself would be compliance, except Ia mat
ter of form, with the Constitution. The
whole object of such q classification would be
to restore special legislation.
The classiCf alton adopted in the County
Government Act-forty-eigh classes for fifty
two countIes-is 80 slight q compliance with
the constitutional provision IS to make it
apparent thai the object was to continue
special legislation az to the salaries OF officers
II will be noticed that Section 5, Article
XI. of theiConstitutiou makes it the duty Of
the Legislature to regulate the compsnsa-
ton of all sub-ofticers in proportion to du'
ties, and for this purpose may classify the
counties by population" It is evident from
this language that the trainers Of the Ccnsti-
tuition intended that the population of
county should be guide TO the Legislature
in fixing salaries. The language of Mr..
Freeman, stated above, would indicate that
the purpose was that population should con-
troll in fixing salaries.
Whether it was intended that population
should control or be only guide to the Leg
islatrre in fixing the salaries, the spirit Of
the provision has been most clearly violated,
and for no other purpose than to accomplish
special legislation.
a few of the provisions OF this Act will
chow this clearly.
ESection 1862 ixes tie classification. In order
to make each county class Of itsslf, So far
as it could be done, in putting fifty-two coun-
ties iato forty-eight Glasses the division By
population has to be very minute. For in
stance. the Act provides:
Counties having a population of 1000, and under
9,IQ0 shall belong to and be known as counties Of
the twenty eighth class.
Counties having population OF $3.50, and under
1900 shall belong to and be known as counties of
the twenty ninth class.
Counties having population of S ESQ. and under
$3.50, shall belong to and be known as counties OF
the thirtieth class.
Counties having population Of S615, and under
$3.50, shall belong to and be klown counties of
the thirty-6rst class.
Counties having population Of s6l0. and under
S,6l5 shall belong to and be known as counties Of
the thrty-secOnd class.
It will be noticed that the difference in
population between the thirty-fcsi ana the
thirty-second is only five.
Section 163 fixes the salaries FOX the differ
ent classes. For the twenty-eighth class,
above mentioned, the salary Of the Coanty
Clerk il fxed at 81, 300 per annum, and the
Sheriff SO, 500 per annum. In the next
lower class the salary Of the County Clerk
is fixed at $4,000, and tho Sheriff at So
600. G1iag down to this tAlrey-hrst Glass;
the County Clerks salsry Is fixed st
So, 000 aud the ShsTif's ct Sc 500
In counties OF the thirteenth class, having q
population Of 1920 and under II COO. the
salary Of the County Clerk il fixed at 81, 800
and tbs salary of the Sheriff at 50, 000 10
counties Of the forty-sixth class. having e
population of 1900 aad under 5000, the sal
airy of the County Clerk Is fixed at SO 600,
and the Sheriff at 5000. In the classes be-
low the two last mentioned, the inequalities
are very great. In the thirty the
salary OF the County Clerk IS fxed at 81, 300,
and the Sheriff 81, 500.
Il may be that the provision of the Con-
stilutioR is uuwise, and that when properly
enforced it will work against the interests Of
many of The counties. Be- this as il may,
the Legislature cannot, by q mere form of
legislation, set aside and nullify the sub
stance Of the Constitution.
BOARD OF CRY TRUSTEES Bard
City Trustees met yesterday morning in the
nsw City Hall. Present, Nielsen and Guten-
berger. Mayor Brown being absent from the
city, the Board, after allowing a few bills,
adjourned to $50 p. NJ, when tie Mayor was
ez pected to arrive from San Francisco. The
trsin, in consequence of having to wait two
hours at Lathrop for the Southern Pacific,
arrived Ia Sacramento late, and the Board
adjourned to 10 a. NJ to-day. The City At
torney, in compliance with request made by
the Board LIST week, has fled the following
opinion, which will be read in the Board this
morning: g. An ordinance to license gaming
and houses of ill-fame would be in conflict
with Sections 3i5 and $50 of the Penal Co6e
of the State. The city of Sacramento, as o
municipal corporation, being a part of the
State Government, ia invested with powers
sovereign IN their character, and under tbs
provisions Of Section 9, subdivision 2, Of the
charter the Board OF Trustees are empow-
cred to make bylaws and ordinances not re.
pugnaut to the Constitution of the United
States or of the State of CalifOrDis. 1t
seems that the Legislature, 10 the same char
ter. Section Q subdivision 9. has authorized
the Board OF Trustees to prohibit or suppress
all gemiug, AID to regulate, prohibit or sup
press all hOusss Of ill-faune.' In the exercise
Of sovereign power there is often conflict
between local aud general laws asd or
diaanees When tested ia Courts the mu'
nicipal by,law-or ordinance gives placs to
the general Law"
NJ