The silver messenger. (Challis, Idaho) 1890-1912, 1899-05-23

erS, except Win reference 10
their own slaries, is not forbid
den by, or contrary to public
policy. LIS it forbidden by any
provision of the constitution ?
We think not. We, find nothing
in our constitution prohibiting
it. The people have, in the con-
stitution, granted this discretion
airy power to the board of county
commissioners with reference to
one of the county officer, viz !:
county attorney, thus shaping
public policy with reference to
the question under consideration.
The principle of vesting this dis
cretionary power in the boards
of county commissioners being
indorsed by the people in the
constitution, there being moth
ing in the constitution prohibit
ing the act in question, and the
people having declared by the
said constitutional provision that
county officers should be paid by
salaries, and not by fees, we feel
it our duty to hold the act in
question valid, except that part
relating to the salaries of county
commissioners.
While the wisdom of the act in
question may we'll be doubted,
and while we think that an act
classifying the counties of the
state and absolutely fixing the
salaries of the different county
officers in each class of counties
would be better, yet the.question
before us is not which would be
the better way of doing it. That
question is to be decided by the
Legislature. We appreciate the
difficulties experienced by the
legislature in providing for com
pensation of the different officers
in the various counties. Novel
conditions exist in this state.
We have a large area. Some OF
the counties are large in in area,
while others are small. Some
are sparsely settled, while 9th
ers are populous. Some have
easy shipping facilities, while
others are isolated and distant
from railroads, making traffic
expensive. Owing to this diver
sity of conditions, the cost OF
living in one county is much
more than in others. 1t would
not be fair or equitable to require
an officer in a county where it is
costly to live, to work for the
same salary paid the same officer
performing the same amount OF
work in county where it would
cost only half as much to live.
Taking into consideration these
diverse conditions the legisla-
ture considered that the amount
of salaries ought to be determin.
ed in the various counties with
reference to the amount of work
to be performed, and the cost OF
living. 1t would not be fair OF
just to the officers of Ada, Latah
and Shoshone counties to be paid
the same salaries as those paid
to the county officers of Custer,
Lincoln and Bear Lake counties.
To provide a uniform system
which would be just to the Office
holder and to the tax payer, the
act in question was passed.
The legislature could not well
make the salaries of the differ
ent county officers uniform
throughout the state, for to do
so would be an act of injustice to
some of the Office holders and to
some of the tax payers. Consid-
ering all of the existing condi-
tions, the Legislature thought ii
best to fix the maximum aud
minimum compensation of the
various county officers, and leave
a certain discretion to the county
commissioners. 1t is our pleas
ure to sustain the act in ques-
ton, with one exception.
There is nothing in our con-
stitution, which directly or in