Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-02-06

6. The Tax Collector, 81 so per annum.
T. The Assessor, Sc COO per annum.
S. The Coroner, such fees as are now or may
hereafter be allowed by law.
10. The Public Administrator, such fees as are
now or may hereafter be allowed ty law,
IL. The superintendent of schools, 81 500 per
annum.
NO OTHER CONVERSATION ALLOWED
This section of the County Government Act
was clearly Intended by the Legislature to fix
the entire compensation of the Superintendent
OF Schools, SI,S0D per annum, and having been
passed subsequent TO Section 1862 of the Politi-
cal Code, by implication repeats it. When
Section l66 of the County Government Act de-
clared that the county officers shall receive as
compensation for the services required of
them by law or by virtue of their offices
the salaries therein stated, it was intended
that su h officers should receive no other
compensation for anything done in their
official capacity though the two sections may
not be directly repugnant and inconsistent,
yet the intention of the Legislature to fix the
entire compensation of those officers and leave
nothing Tor the Board of Supervisors to fix is
clearly apparent and it being so, the subse-
quent Act repeats the former Act The
rule for the constituting of statues fixing
compensation of officers was settled in the case
OF the City and County of Sacramento VS.. Bird.
Q5 Cal. 294) And for your information quote
the opinion of the Court Prior to the Consoli-
datlon Act the Treasurer received per cent
upon all moneys which came into his hands as
a compensation for his official services That
act provides that he shall receive for such serv-
II
bic TO avoid the conclusion that this salary is in
lieu of the per cent. previously allowed, and
was not Intended as additional compensation to
the Treasurer. 1t is true, the law does not favor
the repeal of statutes by implication; but it is
not true that statute, without negative words,
will in no case repeal the provisions of former
one unless the two Acts are directly repugnant
and inconsistent. Every statute must be con-
strued according to what appears to have been
the intention of the Legislature, and even
though two statutes relating to the same SUBJ
ject be not in terms repugnant or inconsistent
II the later statute was cl-arly intended to pre-
scribe the only rule which should govern in the
case provided for ii will be construed as repeal
ing the original Act. (Seely on Con. and Stat.
Law, l4.] So far as this case is con-
cerned, we think there is no difficulty in
arriving at the intention of the Legis-
lature. The language OF the Act is plain
and unequivocal, and the meaning clearly
is that the entire compensation shall be $1,000
per annum." The principle lald down in this
case is sustained by many authorities, and rests
upon sound legal reasons. Crouch VS.. Pierpont,
10 Cal, Sl5) And that Section l66 of the County
Government Act was intended by the Legisla-
ture to have the effect of limiting the compen-
sation of those salared officers to the salary as
therein fixed, unless some other section of the
County Government Act provided additional
compensation, is clear from Section 2ll of the
County Government Act, as amended in 1887.
and aft.r careful examination of the Act |
have been unable to find any provision in it Civ
ing either perquisites or other compensation TO
the Superintendent OF Schools than the salary
Section I'll provides "The salaries and fees
provided in this Act shall be full compensation
for sill services OF every kind and description
rendered by the officers therein named. either
as officers or ex ofhcio officers, their deputies
and assistants, unless in this Act otherwise pro-
vided and all deputies employed shall De paid
by their principles out of the salaries hereinbe-
fore provided In this Act follow certain
exceptions.
l. The Assessor is entitled to receive and re-
tain for his own use six per cent. on personal
property tax collected by MIN. as authorized by
Section $3.50 OF the the Political Code and fifteen
per cent. on all amounts collected by him for
poll-taxes.
?. The Board of Supervisors shall allow the
Sheriff his necessary expenses for pursuing
criminals or transacting any criminal business
without The boundaries of his county aud for
boarding prisoners in the county jail: but the
Supervisors shall fix the price at which such
prisoners shall be boarded. He is allowed 10
his own use also expenses in keeping and pre-
serving property seized on attachment or execu-
ton, expenses necessarily incurred in convey
ing persons to and from the State Prisons, and
expenses in conveying insane persons TO and
from the Insane Asylums.
s. Whenever in the opinion of the Board of
Supervisors in this and some other counties, the
salary of any county officer as fixed ana pro-
vided in this Act, is insufficient to pay reason
able compensation for the services required to
be performed the Board shall allow such officer
a deputy, or such numter of deputies as in
their judgment may be required to DO the bust
ness of such Office in connection with the prin-
cipal, at salary not to exceed one hundred dol
lars per month, to be paid at the times and in
the manner that said principal ispaid The ex-
ceptionS contained in this section to the general
rule prescribed by it, considered in connection
with Section l65, indicates the intention of the
| Legislature to exclude all other exceptions
| Power is conferred on the Board of Supervisors
! to allow the Sheriff certain expenses as an ex-
| eeption 10 the general rue, but the section is
silent as to the travelling expenses of the Super
| intendsnt of Schools.
According to the rule applied to the construc-
ton of statutes, lhst the enumeration of one
thing is the exclusion OF all others by necessary
implication, by that silence the power to allow
him Oh expenses is excluded from the powers
of the Board o. sup rvisors. This is a familiar
rule. and applying il to the construction of the
County Government Act no other reasonable
conclusion can be reached than the one 10
which have arrived.
ALL II THE SAME BOAT.
have been thus elaborate in considering the
question propounded to me because of lis i'm
portance not in itself but as il effects other
county officers and as 1 am not ignorant of the
fact that the District Attorney and the Attorney
General have given adverse opinions. They do
not, however, seem tc have considered the
effect OF the rule laid down IN the City and
County of Sacramento VS. Bird, or the excep-
lions contained in Section 2ll Of the County
Government Act.
WHAT has been said as to the Superintendent
of Schools is equally applicable to the other
salaried officers of the county. No extra COM
pensatlon can be allowed to them or their depu-
ties. The salaryof each salaried officer is his
deputies, except in the single case where the
Board of supervisors, upon sufficient showing
by the affidavit of the officer, are of the opinion
that the salary of any comfy officer as fixed
and provided by the County Government Act is
insufficient to pay a reasonable compensation,
the Board shall allow such officer deputy or
such number of deputies as in their judgment
may be required to do the business OF such
Office in connection with the principal, at a
| salary not to exceed one hundred dollars per
month.
HOW DEPUTIES ARE OBTAINED.
As a condition precedent to the services of any
deputy becoming charge against the county
there must have been, first. showing by aifids-
second the Beard must ha We been of the opin-
| ion upon such showing that the salary was in
suihcient 10 pay reasonable compensation
| third, the Board must have allowed or author
| ized the appointment, and must have fixed the
amount OF salary not 10 exceed 500 per month.
Therefore, IL is only services rendered by dep
uty, appointed after these conditions have
county. aud the Boasd of Supervisors have no
authority TO allow any claim which is not a
legal charge against the county.
An ILLEGAL CHARGE AGAINST The COUNTY
second = The question propouuded TO
the Court as to the demand of W.
W Rhodes ,,. must be answered IN the
services as Deputy County Clerk in esnvasslng
| the election returns and In preparing and eerti,
tying the result to the Secretary of State. There
4
/ him. but such services were not charge against
| the county. They were a charge against his
| principal only this conc usion follows from the
| principles before stated. The same answer
| must be given as 10 the demand of +. +. John.
| ston. the County Auditor. section 1898 OF the
| Political Code, under which he claimed and re
ceived the amount of the demand was -pealed
| by the County Government Act by implication
| as are all the provisions Of the Political Code
which provides for fees or other compensation
| to salaried officers.
PRINTING AND ADVERTISING.
Third-"Has the proper officer reqpiied by
| law TO print and publish he election proclama
| ton for general election the right to have
| the same printed and pub ished IN m re thar
one newspaper % The answer 10 this CUES
ton is: The Board of Supervisors have dis
erection as to whether the proclamation should
| be published in one or more papers. II the Boart
| causes such proclsmation to be published il
more than one newspaper, the expense Of III,
/ publication is legal charge against the county
Fourth-'.Have the Bard IF Supervisors {
this county the right to exceed the prices flxes
by ordinance OF the Bosid IN purccssi- 6 sup