3 S.D. 18 | S.D. | 1892
This is an original action brought to recover the sum of $1,300 alleged to be due the plaintiff for services as veterinary surgeon of the state. The complaint alleges that the plaintiff was duly appointed, qualified, and acted as veterinary surgeon; and that by virtue of his appointment, qualification, and acts as such there is due him, as a balance on his salary, between' the 8th day of March, 1889, and the 8th day of March, 1890, the
But this does not dispose of the main question in the case, viz., the obligation, if any exists, of the state to pay the amount claimed. The appointment of the plaintiff was made by a territorial gov
The legislature of the state could, therefore, without the violation of any legal or moral obligation, reduce the compensation of the veterinary surgeon. The question, then, is, has it done so ? It is contended on the part of the state that by the appropriation act approved March 10,1890, which covers the period for which the plaintiff claims compensation, the legislature expressed its purpose to reduce the price paid for the services of the veterinary surgeon from $2,500 to $1,200 per annum. We think this contention well founded. The law fixing the compensation for the services of the veterinary surgeon was passed by the territorial legislature under the circumstances as detailed above. That enactment also provided that the veterinary surgeon should also receive “his necessary traveling expenses actually paid out in the performance of his duty,” without regard to the amount of them. The appropriation act of the first state legislature specifically appropriated for the pay of the veterinary surgeon the sum of $1,200 as salary, and the sum of $500 for expenses. This enactment, we think, reveals a design upon the part of the state legislature to reduce the compensation of the veterinary surgeon to $1,200, and to establish a fixed amount that should cover the expenses of his office. The purpose to suspend the law fixing the compensation is just as clear as its purpose is to limit or establish the amount to be paid for the expenses of his office. There are certain well-known rules for interpreting a legislative enactment, one of which is that it should be interpreted according to the intention of the legislature apparent upon its face; another, that, when two acts are in irreconcila
Guided by these rules, we are to settle the question before us. There is no express repeal of the provision of section 2333, Comp. Laws, in relation to the pay for services of the veterinary surgeon, declared in the appropriation act of March 10,' 1890, but the later act does declare that “all acts and parts of'acts in conflict with the provisions of this act are hereby repealed.” Now, between the section of the act which fixes the amount that may be paid the veterinary surgeon and the unlimited amount allowed him for traveling expenses, and the amount designated as his salary and the fixed amount for the expenses of his office in the appropriation act of March 10, 1890, there is a clear repugnancy. The first act makes the compensation $2,500. The second provides for the payment of but $1,200 for these services. The first act says the veterinary surgeon shall be allowed all his actual and necessary expenses for traveling. The second provides that $500 only shall be paid for the expenses of the office. When repugnant provisions