40 S.E. 1028 | S.C. | 1902
March 11, 1902. The opinion of the Court was delivered by This case was heard by his Honor, Judge Benet, upon an agreed statement of facts which presented the single question of law, whether the plaintiff, as sheriff of Greenville County, was entitled to charge the county thirty cents per day for dieting prisoners, on its account, while in jail. The Circuit Judge held that the plaintiff was entitled to charge thirty cents per day and was not limited to a charge of twenty cents per day as contended for by the defendant, and rendered judgment accordingly. From this judgment the county appeals upon the single ground that there was error in so holding.
It is conceded that under the provisions of sec. 2561 of the Rev. Stat. of 1893, the compensation allowed sheriffs for dieting prisoners while in jail was thirty cents per day. Unless, therefore, this statutory provision has since been altered or repealed by some valid legislation, there can be no doubt that the judgment of the Circuit Court was right. It is contended, however, by the appellant that the provisions contained in the Rev. Stat. above referred to has been altered by the act of 1896 (22 Stat., 226), as amended by the act of 1897 (22 Stat., 494), and by the acts of 1898 (22 Stat., 739 and 740). To this contention the respondent replies that the act of 1896, as well as the acts amendatory thereof, are unconstitutional and void, and have been so held to be in the case of Dean v. Spartanburg County,
We agree, therefore, with the Circuit Judge, that this case must be controlled by the decision in Dean v. Spartanburg County, and are of opinion that there was no error in following that case.
The judgment of this Court is, that the judgment of the Circuit Court be affirmed.