The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-02-07

hplit tho itSS Sutiis Us 10 those on WHO'LL
they are imposed. by being paid TO the
officer, than if paid into the public treas
ury''
The last two contentious of the appel
lees are treated together by the justice.
lie says in substance: IF the conten-
ton of the appeliees, that, because the
law did not go into effect until the terms
of officers then incumbent expired, the
law was local because, under its terms
officers in different counties would be
drawing fees under different laws
should hold it would be impossible to
change the salaries Of the judicial Of
fcers of the state because it is expressly
provided in the constitution that the sal
aries of these officers shall not be
changed during the term Of the incum-
bent. A statute, which is of general and
uniform operation throughout the state
and operates alike upon all persons I'M
der the same circumstances cannot be
open to the imputation Of being local or
special.
1T is contended that the law is local
and special in that it fails to fix the
salaries Of the auditor, treasurer and re-
corder of Shelby county. 1t does, how
ever. fix the salaries of the sheriff and
clerk Of this county. The principle that
a statute can be valid In part and in
valid in part is elementary. If the parts
depend upon one another as conditions
considerations or compensations for each
other, so as To warrant the belief that
the legislature intended them as a whole
and, IL they could not be carried into
effct, that the legislature would not have
passed the residue independently of that
part which is void, the whole act is
void. On the other hand, if the parts
are such that one or more parts could
be carried into effect without in any way
being modified by the omission of the
parts which are void and it Is a reason
able supposition that the legislature
would have passed the parts independents
ly of the void parts, such parts must be
held as valid.
1.-The argument is that the law en-
braces one scheme and if any portion
of 1t fails then the whole scheme falls.
There is as little connection between
the duties, as such. Of the recorder of
a county and the sheriff as there is be-
tween the duties of the encouragement
of the state and the type-writist Of the
clerk of the supreme court and the du-
ties are as distinct from those of the
county treasurer as the duties Of the
clerk of the supreme court are from the
duties of the circuit court judges. The
law was a direct blow against the evil
of taking illegal construction fees. In
view of the evil it corrects, we think
the general assembly would have passed
this part of the statute relating to sher-
ifs and clerks Independent Of its Vela-
ton TO auditors, traasurers and re-
cOIQerS. Having TedC0ed TINS COnEtIS-
ion, the rule that we will not decide
constitutional question when not neces-
sary to a, decision of the cause upon its
merits. applies, and we viii not, there
fore, inquire as to whether the statute
is or is not valid as to auditors. treas
urers and recorders.
THE title of the act includes county
sheriffs and the compensation is based
upon the population of the counties. We
must assume that the general assembly
had before il all the needed Information
on which TO intelligently base the salar-
les. There may be Irregularities in the
act, but they must be relieved by the
legislature and not by the courts. We
are of the opinion that the law, so tar
as II relates to sheriffs, is not subject TO
the constitutional objection urged against
it and that it is as TO this, valid law.
1t follows then from this that The cir
cult court erred in everything the APP
pellant's demurrer to the complaint in
the cause.
Judgment reversed with directions to
the circuit court to sustain the demurrer
TO complaint"
A dissenting opinion was handed down
by Justice McCabe. He agrees that
there was not plurality of subjects en-
braced in the act, but considered it spe-
ciaI because ii is made applicable to
those elected after It takes effect. 1t is
local because Of the omission OF the
treasurer, recorder and auditor of Shell
by county. To uphold the law with ref
erenoe to the sheriff or 70 any Of the
offices. he says, would make it more
special than ever.