81 Neb. 289 | Neb. | 1908
The petition in this case in substance alleges that the plaintiff is a resident taxpayer of Douglas county; that the defendant Solomon is the county comptroller elect, and that the other defendants are the county commissioners, of that county; that Douglas county has Avithin its boundaries a city of the metropolitan class, and is the only county in this state having such a city Avithin its boundaries; that by chapter 36, huvs 1907, the legislature attempted to create the office of county comptroller in any county including Avithin its boundaries a city of the metropolitan class, and provided for the election of such officer; that the defendaut Solomon Avas declared duly elected to that office and a certificate of election issued to him; that the board of county commissioners have set apart certain rooms in the county courthouse for the office of county comptroller, ordered the expenditure of large sums of money in furnishing the same, and have authorized the employment of a large number of clerks, accountants and stenographers. It further alleges that the laAV is unconstitutional as being special legislation and based upon an arbitrary classification;
A demurrer was filed to the petition, which was overruled. The defendants elected to stand upon the demurrer. The district court found: “That chapter 36, laws 1907, being an act creating the office of county comptroller, is an act complete in itself, conforming to the constitutional requirements; that chapter 37, Iuavs 1907, being an act making the county comptroller ex officio city comptroller, is amendatory in character and void; that from an inspection of the two chapters it is apparent that the provisions inherent in chapter 37 formed an inducement for the passage of chapter 36, and that chapter 36 is, therefore, void,” and rendered judgment accordingly, perpetually restraining the defendants as
A summary statement of the purport of the several chapters of the laws of 1907, the validity of which is controverted, is necessary to understand the questions presented. Chapter 33 consists of four sections amending sections 33, 37 and 74, ch. 18, Comp. St. 1905, and repealing the original sections; the only change made in the former law being to provide that certain duties noAV devolving upon the county clerk shall, in counties having a county comptroller, be performed by that officer. Chapter 36 creates the office of county comptroller in any county having Avithin its boundaries a city of the metropolitan class, provides for his term of office and salary, specifies his duties in detail, and provides that all duties delegated to the county comptroller, which are now performed or exercised by other county officials, are taken away from such official and made the special duty of the comptroller. Chapter 37 provides that the county comptroller shall be ex officio city comptroller after the expiration of the term of the present incumbent of the office of city comptroller. It provides for the giving of a bond as city comptroller, and for the payment of $7,000 each year by the city to the county as compensation for services rendered by the county comptroller as ex officio city comptroller. Chapter 38 requires the county board to provide suitable rooms, vaults, books, blanks, stationery, clerks and office furniture for the use of the county comptroller.
The first point relied upon by the plaintiff in asserting the invalidity of the legislation is that an act creating a county office and limiting such office to counties which may now or hereafter contain a city of the metropolitan class is an arbitrary classification of counties, and, therefore, void as being within the inhibition of the constitution against local or special legislation “regulating county and township officers,” “providing for the election of officers in townships, incorporated towns or
It is next insisted that chapters 33, 36, 37 and 38 are cognate acts, embracing one legislative scheme or purpose, each necessary to the complete attainment of the scheme, each an inducement to the passage of the other, and, hence, that, if any one of the said acts is void, the others fall with it. We think this contention is to a certain extent well founded, and that, if chapter 36, creating the office of county comptroller, should fail, chapters 33 and 38, having no independent force when considered separate and apart from chapter 36, must fall with it; but we think a different condition is presented with refer
In this connection it may be well to notice the contention that chapter 33 is invalid because the amendments made thereby are not germane to the original sections. The original sections deal with the powers and duties of the county clerk with reference,to the drawing of county warrants, the filing of claims against the county, and notice of the disallowance thereof, and the filing of ac
It is next contended that chapter 36 is void, for the reason that it is amendatory of many sections existing in other statutes, and does not contain or repeal the sections so amended. This contention is the same as that made in Van Horn v. State, 46 Neb. 62, but the answer in this case is the same as in that, that the act is one complete in itself, covering the whole subject to which it relates, and the fact that such act moves, changes or disturbs the effect of other statutes does not render it in conflict with the constitution. State v. Whittemore, 12 Neb. 252. This doctrine is so well established in this state as to require no further discussion. But it is said that the subject of the act being county government, it is not complete unless it embraces the entire scheme, and, therefore, if any of its provisions are in conflict with existing statutes, it is open to the charge that it is amendatory of such statutes. The act is not concerned with county government, in general, but is concerned only with the accounting and financial department of the county government. It is designed to embrace a complete scheme of accounting for all the various funds and receipts and disbursements of the county, and to provide an officer with proper assistance and facilities to fully carry out the duties imposed. It is complete within itself so far as concerns the subject with which it treats. The subject of county government is a broad one, and many officers are
It is next urged that chapter 37, creating the county comptroller ex officio city comptroller, is void, it being amendatory of various sections of the Omaha charter act, and that, as it does not contain the sections amended and repeal the same, it is within the constitutional inhibition. Since, by its terms, this act does not become effective until the expiration' of the term of office of the present incumbent of the office of city comptroller, and since another legislature will meet before any action can be taken by any of the defendants with reference to the office of city comptroller, it is unnecessary at this time, in view of the considerations to be mentioned hereafter, to pass upon the constitutionality of chapter 37 standing alone. It may be that the act is defective. This point is
The plaintiff asserts that from the internal evidence presented by the various acts themselves, and from common knowledge of the movements for consolidation of city and county offices in Douglas county, it is evident that this act was the moving cause and inducement for the passage of chapter 36. The argument is that, while the acts are general in form, they Avere enacted with reference to the present conditions and needs of Douglas county and the city of Omaha; that the bills Avere introduced by a member from Douglas county; that it is, to quote the brief, “a fact, common to the knowledge of all men that for years there has been a constant growing demand in Omaha and Douglas county for a merger and consolidation of city and county offices in the sense that similar duties pertaining to the city and county affairs •should be performed by one and the same officers”; that such consolidation has been liad with reference to the office of city and county treasurer, and that the result has been satisfactory, and there is a demand for further consolidation. Again, it is said that Douglas county has had a county auditor or comptroller with several assistants for years, and that the city of Omaha also has a comptroller; that the people know this, and there is a demand that one comptroller be provided for both county and city. It is said further that the court must take judicial notice of these facts and of this public demand; that chapter 36 fixes the salary of the county comptroller at $3,500 a year, while chapter 37 provides that the city shall pay to the county $7,000 annually for the service of
We are not sufficiently advised as to whether or not the consolidation of the office of city treasurer and county treasurer in Douglas county has been productive of such
In conclusion, we are of the opinion that there-is no imch connection shown between the provisions of chapter 37 and 36 as to make it clearly apparent that the passage of chapter 37 formed the inducement for the passage of chapter 36. We are further of the opinion that chapter 36 with its cognate acts, chapters 33 and 38, form a complete and independent plan of legislation for the creation of the office of county comptroller in counties of the class named therein, irrespective of whether chapter 37 was ever passed,, and that the validity or invalidity of chapter 37 has, and can have, no bearing upon the validity of chapter 36.
The judgment of the district court is therefore reversed, the injunction dissolved, and the cause dismissed.
Reversed.