3 S.D. 87 | S.D. | 1892
The respondent, as auditor of Kingsbury county, having first presented the claim to the board of commissioners, by whom it was rejected, brought this action against appellant county to recover a balance claimed by him as unpaid salary as such auditor. The issue was upon the correct basis upon which such salary should be determined. Section 14, c. 10, Laws 188.7, creating the office, provided that “the salary of the county auditor shall be regulated by the value of the property in their respective counties, as fixed by the territorial board of equalization for the preceding year,” etc. After issue joined, it was stipulated by the parties that the following question should be submitted to the court: “How was the value of properties in counties in Dakota territory fixed by the territorial board of equaliza
While, critically analyzed, the precise effect of the stipulation might be a little indistinct, we shall consider it as the parties evidently meant it. jBy section 1588, Comp. Laws, certain territorial officers were constituted a “territorial board of equalization,” whose duty it was “to examine the various county assessments, and decide upon the rate of territorial tax to be levied for the coming year, * * * and to equalize the levy of such taxes throughout the territory;” but it is further provided “that such equalization shall be made by varying the rate of taxation on the different counties in case the said board of equalization are satisfied that the scale of valuation had not been adjusted with reasonable uniformity by the different assessors.” Thus it was specially committed to this board to decide whether the valuation of the property in any county was higher or lower than it should be. If too high, the rate of taxation was made correspondingly low; if too low, it was made correspondingly high. It was only in this indirect way that this board necessarily made any record of its judgment as to the valuation of the property in any county, and so appellant contends that the board did not “fix” the valuation at any amount different from what was already fixed and returned by the counties, and that, consequently, such valuation so returned