The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16

Another Decision on the Salary
Law, Which Is Still Unconstitu-
tional-Abstract Clerk BaziIle
of $4,000 Year-DecisiOns
Filed in Other Cases.
The supreme court yesterday decided
the two remaining Ramsey county SAL
airy cases on the April calendar. In
two opinions written by Judge Collins,
in the suits brought by John Wagner
as sheriff and Edward w. BaZille as
abstract clerk, the court affirms in
both cases the findings of the lower
court. This places the sheriffs office
back on a fee basis, and the abstract
clerk viii receive a salary Of $4,000 per
year, as provided for in the law Of
1885, over which there has been so much
litigation in the courts.
The decisions handed down in the
cases brought by Sheriff Wagner and
Abstract Clerk Bazille practically
wind up the litigation over the salaries
of Ramsey county officials, occasioned
by the passage of the laws which
changed the method of payment of
county officers from a fee basis to
salary basis. and in some cases vice
versa. The act of 1895 authorized the
county commissioners to reduce the
salaries Of certain county officials The
board accordingly in 1896 met and
changed the basis of payment of the
compensation of all officers receiving
over $4,000 per year.
The supreme court says both laws
are invalid, as the workings of the law
did not carry out the title which read
an act authorizing and directing
county officials of certain counties to
reduce the compensation of a number
of officers and other employees of said
counties" This the court holds, was
not carried out in the practical result
of the act, and was invalid, because,
instead OF decreasir the amounts paid
county officials. " under this pretense'
it increased their salaries materially
This places all other county officers
effected by the so-called cut imposed
in 1896, by the board of county COM
missioners, back under the provisions
of the law of 1885, which prescribed
$4,000 per year as the compensation for
the abstract clerk. and put the sherlffs
Office originally on a fee basis All
subsequent litigation, the supreme
court says, is without effect, as it pur-
ported to do something which it did
not do, and all officials, with the pos
sible exception of the county assessor
Will receive their salaries under the
provisions of the law enacted in 1885.
The original law fixing the salaries
OF Ramsey county officials gave the
county assessor $4,000 per year during
the eVen-numbered years and $4,000
during the odd-numbe be- ed years. Out Of
this salary he paid his assistants in
office Under the law OF 1895 the sal
airy was reduced to $4,000 per year, and
the county paid the office assistants.
There seems to be some doubt as to
just how the decision leaves the as
SCISSORS office, as it was never on
rec basis, ard when the salary of that
ONCE was changed to $4,000 per Year
less the expense OF the help, it is said
that 1t was all actual reduction in the
pay OF that official. and that the de-
clslon does not touch him. Should
county Auditor Sullivan refuse to paw
the assessors salary, on the ground
that there is no law in effect on the
statute books under which he can COL
lect his salary, il is quite probable that
another case will be brought to clear
up for all time the last of the offices
involved in the Ramsey county salary
tangle.
In each of the opinions handed down
yesterday Judge Collins goes into the
merits of the respective cases at length
Inc opening paragraph in the Wage
ner decision says: This is one of the
apparently never-to-b ended series of
cases arising out of the enactment of
Chapter 301 of the Laws of 1885, The
state OF Minnesota ex rel. John Wagner, re-
spondent, VS.. D. NJ. Sullivan. county an
oltor, etc., appellant.
eyHapqs-l. He'd that under the proyis-
ions of l.. 1895, Oh. 3O1, the compensation ~
the sheriff of Ramsey county, and of his
aePuty might be increased by substituting
salaries IN lieu OF the fee system thereto
1cre IN force. And for that reason such nro-
VISIONS are invalid and the ground stated in
5tate ex rel; Smard vs. Sullivan, IA N. w.
Kep. lS4, and in State ex REL Battle VS.. Sui.
Ivan, decision filed herewith
z. Where the subject of legislation as ex-
pressed IN the title of an act Is the reduction
the body of the act must correspond. #
must not be constructed so as to permit OF
authorize under any circumstances an in
eiease VI SUCH compensation. Order affirmed.
Collins, ].
State ex rel. Edward W. Bazille respondent.
VS.; Dennls M Sullivan, auditor of Ramsey
syllabus-s. L. 1851 Ch 44O entitled "An
act to reduce the compensation and fees paid
officers and employees of Ramsey county, /"
etc. is in conflict with sec n, art 4, of our
constitution and invalid as to all officers
therein named whose compensation was
thereby permitted authorized to be in
creased, whether this was accomplished d.
rectly or indirectly.
2. The provisions of a, statute with such
title under which an officers compensation
may be increased. are fully as obnoxious to
said sec. q those which actually and
directly increase such compensation
, o.; HE'D on the authority of Simard VS..
Sullivan, IA N. w. Rep. $780, that in so far
as the provisions of L. 1895, CHI. 3O1 relate
to the compensation of this relator, abstract
clerk of Ramsey county, they scontravene
said sec q of the fundamental law and are
invalid. Order affirmed. Collins, ].
State ex rel B. G. Covell, relator, vs. Board
of Education of School District No. G, of
Swift County, respondent
Syllabus-Section 3745, G. S. 1894, relating
to the use of school houses by county super
intendeuts construed and held: That the SUI
perintendent cannot arbitrarily and absolutely