The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-06

perintendent OF all the ROADS III tne
county and of the construction and al
| iteration of al roads hereafter built or
altered and of all other work required
| TO be done by him. He was required
| by said act to have a general supervis-
| ion of all roads and bridges in his
county, and to keep the same in good
! repair and imposed upon him many
| other duties in reference to roads. The
| law likewise provides that he should
receive as compensation for such serv-
| ices the sum of IS per day; provided.
! that said compensation should not ex-
| coed the amount named in the classif-
cation of counties as given. In RaVail1
| county-being a seventh class county
| such compensation could equal, but not
! exceed, $500.
'"The law of March 3, 1899, repealed
| the law of March 4, 1897 and thus cut
| off the compensation which the county
| surveyor might have received up to
| $500
| Under the law of 1897 the county sur
| veyor had everything to do with the
| public roads, for which he was allowed
a per diem of S., and under which law
| he might receive as much as $500 per
annum. Under the new law he has
| nothing to do with the roads or bridges,
and consequently receives nothing of
| the compensation that he was entitled
| to under the law of 1897.
| Whether we regard the per diem of
| S. as a fee. salary or as an emolument
| is immaterial. as the law of 1899 de-
! prives the officer of it. 1t is something
incident to and connected with the Of
| flee. The defendant does not earn or
| receive it as an individual but as a
public officer. 1t is something that he
| gainS-a profit that he makes by virtue
| of being county surveyor-to deprive
! him of which is to decrease his earn
ings, profits or emoluments. Emolu-
ment is defined as the profits arising
from office or employment: that which
is received as a compensation for serv-
| ices, or which is annexed to the poses
sion Of an office, as salary, fees, per-
qusites, advantage. gain, public or pri-
| vate.' (See Am. and Eng. Ency. of
Law. vol. 6, page 635-foot notes..
| THE word imputes more than the
word salary or fees and because it is
contained in the constitution in addition
to the word salary we ought to give 1t
the meaning it bears in ordinary &C
ceptation. 1t imputes any perquisites,
advantage, profit or gain arising from
the possession of an office. G03 Penn,
300 See also 81 Am. Repts. 205).
THE rule of construction is that if a
word is not used in statute in tech
nical or peculiar sense it must be re-
ceived and given the meaning which it
! mas IN common anu general Hd
it is quite evident that the trainers of
our constitution used it in the sense
which common usage and custom has
accorded to it. That they, intended it
to mean any profit, gain or advantage
which one receives by being the incum-
bent of a public office.
THE court is clearly of the opinion
that if it were not for the constitu-
tional prohibition the legislature could
increase or diminish the fees or emolu-
meuts of a public officer at pleasure
But when there is constitutional pro
hibition. as in this state-and, in addi-
ton to that. the incumbent, being the
incumbent of an office created by the
constitution, certainly no act Of the leg
stature which attempts to increase OF
diminish the salary or emolument OF
any such officer during the term OF
office to which he was elected can af-
. feet him. And if not absolutely void, il
is as to him. and it must give way tc
, the law in force at the date of his cleo
! | ton. We think the proposition too
plain to require the citation of authori
: ties, though they are by no means lack
| ing.
THE law of 1899, which attempts t.
| repeal the law of 1897. dlminishes the
: emouments of the defendant, is un
; constitutional so far as the same relate:
q to the defendant during the term o
, office to which he was elected in 1898
and in his case must give way to thu
lay Of 1897. which was in force at tn
:. date of his election. and at the tim
f that he assumed the duties of his office
and Judgment must be for the defend
t ant, pursuant to the stipulation tile'
= herein. FRANK H. WOODY,
Judge.
S June 5, 1899"