The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-15

County Surveyor Only Affected.
Judge Collins, of the supreme court,
yesterday handed down a decision
which settles the question of an in
crease in the salaries for county Of
ficials under the salary law of 1895.
Judge Collins holds the act uncon-
stitutional as to all officers named
whose salaries are authorized to be
increased by the county commission
ers. The question of reducing salaries
and placing county officials on salary
basis instead of fees is not involved in
the decision, the court desiring fur
ther arguments before rendering a de-
cision.
The matter was brought before the
court by D. Simard, who brought suit
to restrain the county auditor from is
suing to County Surveyor johnson
warrants which increased his salary.
Johnson filed a demurrer, which was
overruled by the district court, and
from this Johnson appealed to the su-
preme court.
Judge Collins holds that the case pre-
sented calls into question only the
salary of the county surveyor.
The title to the law Of 1895 expressly
provides that the act is to reduce sal
aries. The second section fixes the
maximum salary at $4,000 per annum
by providing that no salaries shall be
paid in excess of that sum. This sec
tion the court holds, would confirm
the right of the commissioners to fix
any salary they might see fit at any
amount not exceeding $4,000, regardless
of the amount they may have been re-
ceiving prior to that time.
Article 4, section 81 of the constitu-
ton provides that no act shall be pass
ed embracing more than one subject,
and that that subject shall be en-
Tod i,, LIN nf
the court says:
I'VE cannot imagine a more fragrant
violation of the constitution than the
one which, under the guise of a title
like that of the act now before US,
with an object the very opposite of
that expressed in the title, provides
for an increase of salary, instead Of
decrease.
LAS to all the officers whose salaries
are authorized to be increased the act
contravenes the fundamental law and
cannot be upheld. This invalidity does
not necessarily affect the other provis-
ions of the act.
I'VE are aware that public interest
requires US to express our views with
regard to the other question argued,
all going to the validity of the law,
but the order overruling the demurrer
in this case was filed in the court be-
low but thirteen days prior to the ar
gument here, and the counsel for both
sides necessarily presented hastily pre-
pared briefs and arguments. We are
Of the opinion that further and more
deliberate argument on part of coun-
sci will materially assist the court in
reaching the proper conclusion as to
the validity of the whole law.
Duncid Simard, respondent, VS.. Dennis N.
Sullivan, county auditor, and Gates A.
johnson Jr, county surveyor of Ramsey
county, MINI.
L. 1895, CHI. 3O1, entitled IAN act author
izing and directing the county commissi n
ers of certain counties to reduce the com
pensation and number of officers and other
employees Of such countless cts, is in con-
hict with sec. q, art A., of the constitu-
ton, as to all officers therein named whose
salaries or compensation are authorized to
be increased by such commissioners. To
this extent the law is invalid and inopera-
tive. Order affirmed.
COLLINS, J.