The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-01-07
COURT UPH0LDS
THE SALARY LAW
&=
Declares Granting Of increased
Stipend Constitutional.
GOVERNOR GETS EXTRA PAY
%-
STATE OFFICIALS WILL GET
RAISE OF $4,000.
GOVERNOR GETS EXTRA PAY

The Utah supreme court yesterday
held the state salary law constitution
al. This means that six state Of
ticials now holding Office win be paid
$4,000 more than formerly, receiving all
back pay held up by State Auditor
Tinsey, pending a decision as to the
legality of the law.
The case decided was the application
Of Governor Heber NJ. Wells for writ
of mandamus compelling State Auditor
Charles S. Tingey to pay him the in
creased salary granted him by the re-
cent legislature. The court granted the
writ. The principal reason claimed for
this decision is that the constitution
fixed the salaries until otherwise pro-
vided by law" 1t is held that this was
"a merely temporary provision, intend
ed to apply only until the legislature
should fix the permanent salaries.
Therefore, it is argued, the act raising
the salaries in this instance was i'm
mediately in force although any sub
sequent act raising salaries would not
apply to incumbents. owing to the eX-
press provision of the constitution.
Governor Wells learned of the de-
cision yesterday on his way home from
Nevada. He had little comment to
make last evening.
Il expected it," he said. There was
no other way to decide it.
The decision was written by Judge
Baskin and concurred in by Justice
Bartch and District Judge Morse, who
sat in the case IN place of Judge Miner.
The decision in full is as follows:
The state of Utah. ex reIatione. Heber
NJ. Wells vs.. Charles S. Tingey, state
auditor, respondent.
linen +ba na+ition of EIabar NJ Wells
governor of the state, an alternative writ
of mandate was issued out of this court,
directing the respondent, Charles s.
Tingey, as state auditor, 10 draw and de-
rants for the unpaid balance OF his sal
airy as governor. alleged in the petition 10
be due and unpaid. and for which the
respondent refused to issue 10 the relator
a state warrant.
The respondent demurred to the petit
ton and alternative writ on the ground
that they failed TO state facts sufficient
to constitute a cause of action or justify
the issuance OF peremptory writ OF
mandate
It appears from the facts admitted by
the demurrer that the relatOr was. at
the general election in November. 1900
duly elected governor of the state, and
that the term for which he was so elected
began on the first Monday or January
1901. and that upon that day he duly
qualified, entered upon the duties Of his
office and ever since has continued to
discharge the duties Of the same; that
at the tine he was so elected and when
he Qualued and entered upon the duties
Of his Office the salary of the Office of
governor was. as fixed by article !, sec
ton 20. of the constitution. which IS as
follows:
THE governor. secretary Of state. au-
ditOr, treasurer, attorney general super
intendent of public instruction and such
other state and district officers as may
be provided FOR by law. shall receive for
their services quarterly, a compensation
as fixed by law. which shall not be diUlin-
ished or increased so as to affect the
salary OF any officer during his term or
the term next ensuing after the adopuOn
OF this constitution. unless a vacancy oc-
cur in which case. the successor OF the
former Incumbent shall receive only such
salary as may be provided by law al the
time of his election or appointment. The
compensation Of the officers provided Tor
by this article. until otherwise provided
by law. is fixed as follows: Governor.
$1,000 per annum, etc" That the salary
of the governor. so fixed by said section
of the constitution, was not otherwise
fixed by law during the term ensuing the
adoption of the constitution. but by an
act Of the legislature. approved by the
governor on March II. 1901. and which
went into effect on the following May
the salary OF the governor was hXed al
$500. That act, in form, is as follows;
An act fixing the salaries of certain
state officers, and providing for payment
thereof.
sBe it enacted by the legislature Of the
state of Utah:
Section l. Salaries OF certain officers
fixed. The annual salaries Of the follow
ing state officers are hereby hXed as fol-
lows: Governor, $4,000; secretary of state
5000; state treasurer, $3.50; state auditor.
$1,000; attorney general, $1,000; state sp-
perintendent of public instruction, $3.50.
Sec. 2 To be paid quarterly. The sal
aries of the state officers in section /
specified, shall be paid quarterly, and the
state auditor shall draw his warrant upon
the state treasurer al the END OF c3cn
quarter for the amount of salary due
each of such officers
By an act approved March 26 1901, an
appropriation of the sums necessary to
pay the annual salaries fixed by the said
act Of March a, for Inc years 1901 and
1902. was made.
Neither the validity or the constitu-
tionality % the act increasing the sal
aries is questioned. Il is conceded that
the act properly applies to and dXes the
salaries of future inCumbents of The Of
fees mentioned. nut the parties disagree
as to whether it can. under the provisions
of section 90 article {. be legitimately ap-
piled so as to fix the salaries of the IN
cumbents whose election occurred and
whose terms began before the act was
passed. No other question is involved.
It is clear from the language of the
act and from the fact that during the
same term at which il was enacted. the