Amador ledger., 1903-02-27
SALARY FOR TOWNSHIP Of
FICERS.

Our sacramento correspondent
says that Assemblyman McKenney
begins to realize that he has an up
hill task on hand in trying to satisfy
his constituents in the matter of
providing salary for justices and
constables. We do not doubt it in
the least. Moreover, we venture to
say that he will totally fail to satisfy
them along the lines proposed, His
scheme seems to be a curious
mixture of salary and fees; the sal
ary part of it relates to criminal
business, and the fee part to civil
business. In other words the coun-
ty treasury is made to pay the fixed
salary, while civil litigants are sup
posed to compensate the officers for
such services as may be required in
untangling the knotty problems they
present to the courts for settlement.
As far as civil business is concerned
the scheme is precisely the same as
that now in vogue, and which has
been found so unsatisfactory in prac-
tical operation. We regrat that we
have not a copy of the proposed
reformation of the compensation OF
these township officers before US. 1t
has been customary in the past to
send copies of proposed changes in
the law affecting local affairs to the
county papers. This practice has
been dropped this session, for
reasons to US unknown. However,
we venture the opinion that this
salary-fee combination will prove
disappointing to all concerned. 1t
is fashioned to conform with the un-
just idea that the general taxpayers
ought to be made to bear the cost of
-. ,.';':ri''"l a"d civil litigation in
bne interior courts. This is actually
the case in the superior court, and
has been for years. 1t may be all
right for the legal profession, who
feel the weight of taxation less than
they feel the benefit of cheapening
litigation by diverting fees from the
county treasury. Besides which,
the principle of grading the salary
of justice and constable according
to population is unjust. Under this
plan the officers in Jackson would re-
ceive the highest salary, and at the
same time have the easiest job. A
constable from the extreme end of
the county, in conveying a prisoner
to the county jail, would consume
two days in making the round trip,
and receive less than the officer in
jackson, who would not take more
than few minutes in landing his
man in the calaboose. Again, it is
a radically defective system that
proposes to pay fixed salary for an
Office that does not demand the
whole of mans time, and it is well
known that neither the Office of JUS
tice nor constable in outlying dis
tricts requires a mans undivided
attention.
In the event of this salary bill be-
coming law, the question is being
asked when will it become operative.
The act itself says it shall 60 into
effect Immediately; that statement,
however, does not override consti-
tutional provisions. No doubt the
bill has been engineered with the
view of helping present officials.
The plain language of the constitu-
tion sets up a barrier to it's applica-
ton to present incumbents. Section
of Article XXI reads;
The compensation of any county, |
city, town, or municipal officer, shall
not be increased after his election.
DR. during his term of Office. |
In the face of this, it is mere |
luibbling to raise the question of
or not the proposed law
would be an increase of compensa-
5ion. Increased pay was the very
object of the measure. They are
lot paid enough under the existing
aw; the proposed law is to remedy
This condition. 1t cannot be con-
tended that it would be lawful to
over the compensation of public Of
icers during their term of office.
That would amount to a violation of
contract. There was no need of
constitutional provision to that
effect, but only against increase.
Now if it is unlawful to either raise
'r lower the compensation, we fail
10 see how any change affecting the
of these officials can
20 into effect until after the expira-
ion of the present terms. The only
motive in introducing the new
was to increase the com
There is no question on
hat score. The constitution saws
his cannot be done as far as those
low in Office are concerned.