Amador ledger., 1905-07-28
SALARIES SYSTEM UNSETTLED.

- - GNu OiNOCi GCOs
The third district appellate court
has rendered very important decis-
ion, which will affect every county in
the state whose township officers are
working under the salary stystem, OH
the basis of the population of their
respective townships. The court holds
that classification of townships for
the purpose of fixing the salaries of
such officers is not sanctioned by the
constitution. The supreme court has
already rendered decisions sustaining
this method of compensating justices
and constables. The case from Anna
dor county was so decided. The su-
perior court of Napa county in par
allel case decided the law unconstitu-
ional, and the appellate court has just
sustained tbs decision. Thus the two
branches of the supreme court have
locked horns, by antagonistic deci-
sions. Undoubtedly this vital ques-
ton will again be reviewed by the
highest tribunal, and the propositions
raised thereby definitely and finally
settled. Meanwhile, everything is
again thrown into uncertainty by this
opinion. The officers are in doubt
whether they are entitled to salary or
fees; and those on their official bonds
are anxious whether in the event of
the salary law being finally deter
mined unconstitutional they are re-
sponsible fol- the past two years.
We copy from the Union a part of
the decision as follows:
The Legislature may classify town
ship by population to regulate COM
pensation of township officers; but
that power must be exercised within
constitutional limits and in conform
ity with the rule that township as
we'll as county officers must be re-
gulated 'in proportion to duties. "
Classification must not be arbitrary
within the classification of counties.
If the method the constitution com
mands shall be used in measuring the
duties and fixing the proportionate
com pensation of county officers is
adopted foI measuring the duties
and fixing the proportionate compen-
satiOn for township officers, it follows
that when population, aud hence
duties, are equal, the compensation
must be the same to satisfy consti-
tional requirements.
In this case in no two instances of
like population is the salary the same,
when comparison is made with salar =
les in other townships of other count
les. For instance, justice in River
side county, in a township having
900 people, would receive So, and in
some other counties S75, assuming that
in a group of eighteen counties there
is in each township of 1000 to 5000
population, and the actual salaries in
the counties being ascertained by the
statute. In the same comparison a
justice in an Alameda township of
10, 900 people would receive but S75.
The whole scheme is obnoxious to
the spirit and letter of the consti-
| tuition.
Suppose the counties had been
classified by name, its validity would,
| by even the sophist, be conceded. But
resort to the subterfuge of specifica-
not mend matters, for 1t creates a
distinction without difference.
Imagination cannot furnish reason
why the services of a justice IN one
county is more OF less valuable than
| those of brother justice in town
ship of the same population else
where.
Judge Mclaughlin wrote the
-
affirmed. The Sacramento Union in
quoting this decision says:
1t may be added that in both ANA
| dor and Fresno counties the question
involved came before the courts, and
the classification law was held to be
constitutional. Both cases went to the
supreme court, and the judgments
we're affirmed. The Napa case above
is understood to have raised ques-
tions to brought up in the earlier
cases. The Napa court, practically
reversed the supreme court, and the
court of appeal sustains that reversal.
The case will probably go to the
supreme court.
The decision. while it repeatedly
refers to the county classification, is
not to be taken as indicating that
the court passes upon the conStltu-
tionality or unconstitutionality of
such classification for the purpose of
fixing compensation of county Off
GERS. On the contrary, it is we'll
understood that such classification
stands upon different basis, and
that what the court strikes down is
the entry of a subclassification within
that of counties.