The herald., 1896-08-07

| stitute for the laws then in force relat-
| ing to county governments, the repeal
| ing clause evidently would have been:
| "All acts or parts OF acts on the same
subject matter are hereby repealed"
| Said section 4109 of the political code
| in addition to the matter contained in
| county government act relating to the
| tenure of county officers, provides that
! the officers shall hold for two years. 1t
| further provides that these years are
| to be computed respectively from and
| including the first Monday after the
| first day of January Of any one year
to and excluding the first Monday af-
ter the first day of January of the next
succeeding year. The time of the COM
mencement of the Official term is fixed
by the constitution, and, of course, can
not be changed by statute. The provis-
ion of the political code that the term OF
the officer shall be two years, commence
ing on the first Monday after the first
day of January next succeeding his
election, and that a year shall be COM
puted from and including the first Mon
day after the first day OF January OF
any one year to and excluding the first
Monday after the first day OF the next
succeeding year, makes the term ex-
actly the same length as a term of a SIM
liar officer provided for in the county
government acts. There Is no change
whatever excepting in designating the
term as two years. There Is no incon-
sistency in designating the term pro-
vided form the county government acts
as two years, because the term would
commence and terminate the same as
under said SECTION 4109. To hold that
there is any inconsistency between the
sections Of the county government acts
referred to and the section Of the politi-
cal code would be equivalent to holding
that section 4109 of the political code Is
inconsistent with itself. But / think 1t
sufficient to say chat, had the legisla-
ture intended that the county govern
ment acts should revise the entire sub
1ect matter of the laws then IN iorce re-
lating to county governments, then the
legislature would - used appropri-
ate words to express that intention, in
stead of limiting the repeal to all acts
and parts of acts inconsistent therewltn
I therefore hold that said section Aug
of the political code. in SO far as IL des-
ignates the term of the county recorder
as two years and fixes the commence
ment and end of the official year is still
in force. The only change with regard
to the commencement and ending OF
the year is the hour of the day when the
new officer commences his term and
when his term ends.
The law conceded to be in force re-
curing the county auditor on the nrst
Monday of each and every month TO
draw his warrant on the county treas
urer in favor of each of the county ofn-
GERS for the amount of salary due them
for the preceding month applies equally
to the deputies of such offices. Ii the
preceding month is the month preceding
the day when the auditor draws his war
rant, then the plaintiff and his assignors
have been fully paid. If the preceding
month referred to in the county gov
eminent act means. as contended by
plaintiffs counsel, the preceding cal
endar month. then the plaintiff should
have judgment for portion of his
claim. I cannot subscribe to the doc
trine that the legislature by the county
government acts of 1883. 1891, or 1888
intended to introduce into the law for
the compensation of county officers so
much unnecessary veXatious confusion
as would follow the doing away with the
well-settled, just consistent. and fair
meaning OF the phrase preceding
MONTH" and substituting therefore the
meaning preceding calendar month.
Such a change was certainly not indi-
Gated by the repeating clauses in the
county government acts. Those repeal
ing clauses indicate that instead of max
ing a substitute for the laws in force
the legislature intended t. preserve and
retain in force all laws not inconsistent
with the county government acts. 1t
follows that the plaintiff is not entitled
to recover in this action, and Judgment
is therefore ordered entered for the de-
PENDANT for its costs.