The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-04-30

Associate Justice Mitchell, Of the SUI
preme court. yesterday handed down a
decision in the Ramsey county salary
case.
The decision holds that the law Of
1895 which, through the authorized ac-
ton of the board of county commits
sioners reduced the salaries Of all coun-
ty officials to $4,000 per year, is consti-
tutional
The case was brought by Samuel
A. Anderson, county attorney, against
County Auditor Sullivan to compel the
payment of his salary under the special
act Of 1889, which fixed the salary of
the office Of county attorney, on the
grounds that the law Of 1895 was un-
constitutional.
The decision does not say whether
the clause relating to the fee offices,
such as the sheriff, clerk of court and
others, is constitutional or not.
This still leaves the mater Of COM
pensation Of fee offices IN dispute.
The law Of 1895 provided that the
county commissioners should meet and
arrange schedule Of salaries for coun-
ty officers, all Of which should be re-
auctions. Officials who received $4,000
or more were reduced to $4,000 per
annum, and in the case of fee officers,
they were also placed on the same
provided for by special appropriate ton
County Attorney Anderson was seen
last night and said relative to the de-
clsion: L am perfectly satisfied with
the decision so far as I am personally
concerned. I did not bring the suit
with the idea Of securing the additional
$1,000 which I would have been entitled
to under the law of 1899, but brought
the action because Mr.. Sullivan refused
Indn 1ff - 81.
laws, saying that he could not decide
the matter himself and he wanted the
courts to decide it.
The decision leaves the law provid-
ing for the salary Of Ramsey county
officers in worse condition than be-
fore. The decision inttmates that the
law making provisions for clerk hire
In the various fee Offices is unconstitu-
t1onal. In this event the affair in the
offices of this county would be in a ter
r1ble condition, as the men who hold
the fee offices would have to pay al
most twice their salaries out in clerk
hire. If the whole law had been knock
ed out 1t would have left all the county
offices on the old basis. I think a care
full perusal of the decision would give
the impression that the law as it re-
lates to fee offices is unconstitutional
Also"
Harris Richardson, attorney for Mr.
Sullivan, could not be found last night.
Tomorrow being the last day of the
month the officials holding office on
salary basis can draw their salary It
will be the first time in five months, as
all interested have been anxiously
awaiting. the decision of the court.
The syllabus is as follows:
In re application for writ of mandamus,
etc, Samuel A. Anderson, relator, VS..
Dennis M. Sullivan, county auditor, re-
spondent.
Edmund VS.. Sullivan, "A N. w. Rep. 2so.
adhered to and followed, holding that the
provisions Of Laws of 1885, chapter 3O1. re-
lattng to county officers whose compensation
is authorized to be increased are invalid
because not expressed in the title of the
act.
The fact that the provisions as to the
salaries OF certain officers are invalid does
not render the whole act invalid there be-
ing no such dependency or connection be-
tween the compensation to be paid to Diff
ferent officers as would Justify the courts
in holding that the legislature would not
have passed the act without the invalid
provisions.
The basis of classification of counties by
population is not repugnant to the consti-
tutional prohibition of special legislation
pensation attached to a particular office
may not be fixed by the county commits
sioners at the same amount in all coun-
tones in the class does not render the act
repugnant to the constitutional provisions
that all such laws shall be uniform In their
operation.
The provisions of the act (unless It be
ttose as to the number and aggregate
compensation of clerks. employees and as
sistants In the various county ofices) are
not subject to the objection that they are
based on existing special legislation. Or
der reversed. Mitchell r