95 Cal. 329 | Cal. | 1892
This case was submitted to the trial court upon an agreed statement of facts substantially as follows: —
In May, 1891, the plaintiff presented to the board of supervisors of the county of Fresno, in due form, his
In April, 1891, 0. W. Fraser, as constable of township No. 3 of that county, duly presented to the board of supervisors his claim for $332.90, for official services in criminal cases, rendered during the same month (March, 1891), which was allowed for $125, but rejected for the balance of $207.90.
The fees charged for services in each case were such as are allowed by law.
Neither plaintiff nor Fraser accepted the sum allowed him. Fraser assigned his entire claim to plaintiff, who, upon the stipulated facts, seeks to recover the full amount of both claims.
Prior to March 31, 1891, Fresno County was a county of the twenty-sixth class, according to the classification made by the County Government Act of March 14,1883; but by the revision of that act, approved March 31,1891, it became a county of the eighth class.
Since January 1, 1891, there have been fourteen constables in said county, nine of whom have not earned or presented claims for more than $,125 for any one month since January 1, 1891, on account of services in criminal cases, “but each of said nine constables has, during each of the months since January 1,1891, earned in such cases .... and presented claims for the same, various sums less than the $125 per month, all of which last-mentioned claims have been allowed and paid in full.»
The judgment was for defendant, and the plaintiff appeals therefrom upon the judgment roll, which wholly consists of the stipulated statement of facts and the judgment.
“ Sec. 188. In counties of the twenty-sixth class, the county and township officers thereof shall receive as compensation for the services required of them by law, or by virtue of their office, the salaries as follows, to wit: ....
“ 14. Constables, such fees as are now or may be allowed by law; provided, that no constable shall receive more than fifteen hundred dollars per annum for all services rendered by him in criminal cases, or in actions or proceedings to which the people of the state of California are or may be parties; and no claim of any such constable in excess of the sum last named shall be allowed or paid, but all fees collected by such constable in criminal cases in excess of fifteen hundred dollars shall belong to and be the property of the county in which said constable acts.....The provisions hereof shall not affect the present incumbents.”
By the act of March 31, 1891 (Stats. 1891, p. 345), the above section was amended and re-enacted as “ section 170.” As thus re-enacted, section 170 of the act of 1891 not only limits the compensation of constables in Fresno County, now ranked in the eighth class, for services in criminal cases, to $1,500 per annum, but requires it to be paid in monthly installments not to exceed $125 in any one month.
Section 234 of the same act, March 31, 1891 (Stats, 1891, p. 421), is as follows: —
“ Sec.' 234. The provisions of this act, unless otherwise herein provided, so far as it relates to the fees and salaries of all officers named, except justices of the peace and constables, shall not affect the present incumbents; provided, that when the salary of any such officer, or fees in lieu of such salary, is not now fixed by law, the same shall, as to such officer, take effect immediately.”
2. It is insisted, however, that section 188, as amended March 16, 1889, does not regulate the compensation of constables “in proportion to duties”; and therefore is repugnant to section 5 of article II. of the constitution.
What compensation of an officer should be deemed in proportion to his duties is matter of fact to be ascertained and determined by the legislature, and' not by the courts. (Longan v. County of Solano, 65 Cal. 122.) In the class of counties to which the defendant county belonged when the services in question were performed, the legislature determined that certain fees allowed by law for services in civil cases, and also the fees allowed by law for services in criminal cases not exceeding fifteen hundred dollars per annum, would be in proportion to the duties of constables in that class of counties. Had the legislature given to eách constable a salary of fifteen hundred dollars per annum, it would not be pretended that the courts could interfere on the ground that such salary is not in proportion to the duties of each constable; yet the mode adopted by the legislature by which to regu. late the compensation of constables effects a nearer approach to a just proportion between the compensation and duty of each constable of the class than would a fixed salary common to all. (Dougherty v. Austin, 94 Cal. 601.)
3. The agreed statement of facts shows that the board of supervisors rejected portions of each claim for fees, but does not show upon what ground they were rejected. Upon this statement alone, the superior court was asked to review and reverse or modify the action of the tri
As this case was submitted upon an agreed statement
I think the judgment should be affirmed.
Belcher, C.,'and Temple, C., concurred,
For the reasons given in the foregoing opinion, the judgment is affirmed.
Garoutte, J., Harrison, J., Paterson, J.