14 Wash. 255 | Wash. | 1896
The opinion of the court was delivered by
The appellant is, and for some years past has been, county superintendent of schools for Pierce county. He is seeking to recover, under §17 of the common school act (Laws 1890, ch. 12, p. 361), compensation at the rate of “three dollars for each school visited, and mileage at the rate of ten cents per mile for each mile actually and necessarily traveled in making such visits,” in addition to his salary as fixed by ch. 10 of the Laws 1890, p. 302. The lower court held that he might recover mileage, but that the provision for the allowance of three dollars per visit was and is unconstitutional, and rendered judgment accordingly. From the judgment so rendered the superintendent has appealed, and as the case “ involves the legality of a statute,” it is appealable under §4, art. 4 of the constitution.
It is not material to consider whether § 17, supra, was passed prior or subsequent to the salary act (ch. 10, supra). That section is opposed to the spirit of the constitution, and must be held invalid.
We think that the conclusion of the lower court was right, and its judgment is affirmed.