Weekly journal-miner., 1917-04-11
SMITH DECLINES $500 RAISE IN
 SALARY
UNTIL SHOWN LAW MAY BE APPLICABLE DURING OFFICIAL TERM, HE RE- FUSES RAISE; A FIGHT ON IN BOARD.
(From Thursdays Daily.I


 The refusal of Judge F. O. Smith
 to accept a raise in salary under the
 provisions of the county reclassi6ca-
 ton bill, applied to salaries in this
 county by the board of supervisors
 on Tuesday, complicated the opera
 ton of the new salary law. Judge
 Smiths declination of a warrant
 drawn in the new amount, was trans
 mitted to the board by letter yester-
 day.
 Asked why he refused the $500
 year raise, Judge Smith said it was
 on the grounds the law, as he regards
 it is not effective on salaries of judges
 of the Superior court at this time. He
 regarded 1t as constitutional and drawn with proper regard for legality, all right.
 State Auditor Jesse Boyce has re- fused to issue warrants to State off, cers in the new amount until the law is construed by court of competent jurisdiction His action is taken to protect his bondsmen, who are liable for three times the amount he may ovcrpay on a salary warrant, if the prepayment is not legal He bases his refusal to issue the new sized checks on Section 7 of Article 4 of the Constitution of Arizona, which says: nor shall the com pensation of any public officer be i'm creased or diminished during his term of office" This constitutional provision is regarded as superseding or holding in abeyance for the term of all present elective officers, the provisions of the county, reclassi6ca- ton bill
 The State constitution applies the laws of 1901 until changed by legis- lative enactment. In 1912, the legis- latnrc passed a county classification bill. arbitrarily fixing the classes into which the counties were divided and fixing the salaries of officers. Recent ly, the Supreme court held this law unconstitutional on the ground 1t was special legislation, arbitrarily and not with any regard to reason, fixing cer- tain lines of demarcation between the various counties. Under that law, Yavapai was the one county of the fourth class.
 In knocking out the law of 1912, the Supreme court left only the laws of 1901 in effect These laws pro vided fees for the sheriff, clerk of the Superior court and other officers. But constitutional provision adopted with Statehood, forbade any State or county officer to accept fees. Here, the sheriff and clerk of the court and others, were left without any constitu- tional or statutory provision for com pensation. The third legislature. then, found 1t necessary to enact law filling in the gaps, and the county classification bill, setting the counties in classes according to assessed yalu- alton, was framed. passed and signed.
 As to the clerk of the court, the sheriff and non-elcctivc officers the new law can go into effect at once, according to many of the best law yers, who have looked into the matter Last week, Attorncy-Gcreral Wiley Jones handed down an opinion in which he authorized the warrant drawing officers to proceed under the new law With this opinion before him, County Attorney E. ]. Mitchell advised the board of supervisors that the law could become effective at once, as applied to all public officers. The salary of Jones is raised $1 500 year by this law
 Boycc is bound by the law to pro tcct his bondsmcn. The boards of have no such restriction. If the law is finally found to be in applicable during the offiical term of any public officer serving at this time, any ovcrpayments they may au- thorizc will not come back on them. The legislature, by the way, prohibited any officer suing for that part of salary short of the legal sum, not paid during the operation of the pseudo salary laws of 1912
 It is understood that the Ya.apai board was split over the matter. that Chairman William Stephens was not convinced that the stand of Jones and Mitchell was the proper ono. It is that he may attempt law suit to test the validity of the pay nentS at this time, of raises in salary Inder the new law The nature of the ,tiif VNOuld upceSSariIv Inc ar, iuittnc