29 N.W.2d 444 | Minn. | 1947
The questions for decision are: (1) Whether a statute (M. S. A. §
The sheriff's salary was originally fixed in 1917 at $2,000 per annum. §§
Thereupon, and at the meeting of the county board held on January 7, 1947, the sheriff, pursuant to §
The appeal was taken under §
"Such sheriff * * * may appeal from the fixing of the salary in the same way in which appeals may be taken from the allowance or disallowance by the county board, of claims presented to it for allowances as against the county. * * * and the court, upon hearing such appeal, shall summarily determine the amount of salary to be paid any such sheriff during the remainder of his term of office unless the same be thereafter increased by the county board, as hereinbefore provided, and the order of the court fixing the salary shall be served by copy upon the county auditor forthwith."
The district court found that the salary of $2,530 fixed by the county board was inadequate and fixed it at $3,000 per year. It took into consideration, among other matters, such facts as that the amount of the sheriff's fees had decreased since 1923; that the sheriff received certain fees and emoluments; that he had the use of a residence in the jail; that he received certain income from boarding prisoners in the jail; and that other sheriffs in counties comparable to Beltrami received larger salaries than its sheriff.
1. We think that the constitutional question is foreclosed by our decision in Rockwell v. County of Fillmore,
The sheriff is a quasi officer of the court within the rule. Sheriffs undoubtedly belong to the executive department of the government. Through them the commands of the judicial department are executed. See, In re Neagle (Cunningham v. Neagle)
2. In determining the amount of a sheriff's salary, the court is necessarily vested with wide discretion. We have examined the record and find that there was no abuse thereof. We refrain from discussing the evidence to point out wherein it sustains the trial court's decision, because to do so would serve no useful purpose so far as establishing a precedent and would only prolong the opinion.
3. The basis for the county's contention that the court lacked power to fix the sheriff's salary in an amount greater than the one suggested by him to the county board in his request for an adjustment of his salary is that the subject matter, involved in the proceedings in the first instance before the county board and later on appeal to the district court, was a claim; that under §
The statute requiring claims to be itemized, presented, and allowed contemplates that the demands to which it relates shall be susceptible of being itemized and audited in the ordinary course of handling them and that they shall be ripe for the purpose. Claims susceptible of being itemized and audited before allowance for payment *569
are such as are based upon some executed transaction such as the performance of a contract or the furnishing of goods or services and give rise to present liability to pay for the same. City of Mankato v. Barber Asphalt Pav. Co. (8 Cir.) 142 F. 329; Fargo Cornice Ornament Co. v. School District,
The language of §
The court was not bound by the sheriff's suggestion to the county board as to the amount of the increase upon the grounds that the sheriff was precluded by the suggestion, or otherwise, from receiving a larger salary. The county board in the first instance exercised *570
delegated legislative power; its duty was to fix the amount of the sheriff's salary in a just and reasonable sum. The court's duty on appeal was to "summarily determine the amount of salary to be paid any such sheriff * * *." The appeal vacated and set aside the decision of the county board, with the consequence that the subject matter of the appeal was before the district court for determination de novo the same as if the county board had taken no action in the premises. Kief v. Mills,
The sheriff's suggestion to the county board as to what he considered a reasonable adjustment of his salary amounted to no more than an admission. An admission does not of itself operate as an estoppel, but may be explained, limited, qualified, and contradicted. Here, that was done by a showing before the district court that the just and reasonable salary for the sheriff exceeded not only the amount suggested by him to the county board, but also that fixed by the court as the amount of his salary. Of course, it was proper for the county board and the court to consider the suggestion made by the sheriff, but they were in no sense bound by it.
When the salary had been so fixed by the court's order, the county board had nothing more to do with it. Thereupon, it became the county auditor's duty to draw warrants for the sheriff's salary as it came due, as in a case "in which the precise amount is fixed by law," without auditing and allowance thereof by the county board. §
Affirmed.