Amador ledger., 1904-08-05
TOWNSHIP OFFICERS SALARY
CASES,

CASES.
The decisions of the supreme court
in justices and constables' salary
cases that went up on appeal from
the superior court of Amador county
will be found published in full else
where in these columns. For copy
of these decisions we are indebted
to W. ], McGee, attorney for the
township officers. The decisions
affirm the judgment of the lower
court in both these cases, and from
the standpoint of the officials con-
cerned the matters in issue are prob
ably deemed finally settled. A care
full reading OF the McCauley case,
however, leaves one in considerable
doubt on this proposition. There
were two constitutional questions
involved. 1st, The legality of class
flying the townships by population
for the purpose of fixing salaries.
Because the constitution gave the
legislature no such power, in express
terms, it was argued that the exer-
else of such authority was uncon-
stitutional and void This point
has been definitely settled. The
court holds that such power is with
in the scope of the legislative body.
And the reasons which are given for
this view will appeal to the reader
as sound and conclusive.
The second point, whether the
change from fee to salary is an in
crease of compensation after the in
cumbent's election and during his
term of office, is the vital question
On this matter the courts affirmance
OF the judgment is based entirely on
the finding of the lower court that
it is not an increase of salary or com
pensation, but merely change in
the mode of compensating the of
ticers-from fees to salary. The
inference is plain, that if the court
had found that the salary act did in
crease the compensation of the town
ship officers, the law would have
been violative of the constitutional
provision. The superior court fount
that the evidence introduced did not
prove an increase of salary, anC
hence the law was upheld
The situation is therefore made
peculiar and ano malous. The law
in question was passed for the ex
press purpose of increasing the com
pensation of these officials. Tt was
so regarded by the officials them
selves, and by the people generally
They were not getting a living BY
the fee system; they expected to get
more under the salary act They
have drawn the fees fixed under the
old law month after mouth, with the
understanding that if the salary act
was sustained they would draw the
difference when the question was de.
cisively settled in their favor. But
has it been so settled?
By an examination of the fee bills
of justices of the peace and con
stables presented to and allowed by
the supervisors during the past
year, or since this controversy arose
it will be found that there is a ma
terial difference between the sums
drawn, and salaries provided under
the act of 1903, OF course the jus
tices and constables will soon be
knocking at the door of the treasury
for the balance of salary due then
under the supreme court decision
This balance may be roughly esti
mated at fifty per cent, or some
thing like $4,000. The remarkable
feature presented is that Amadol
will be called upon to pay this addi
tional money under the finding o.
the court deemed conclusive by the
appellate tribunal, that the salary
act is mot an increase of compensa
tiou, and therefore not violative O
the constitution.