18 Colo. 272 | Colo. | 1893
Section 22 of article VI provides for the election of a county judge in each county of this state; “ whose compensation shall be as may be provided by law.”
By section 15 of article XIV of the Constitution, the legislature is required to classify counties for the purpose of providing for and regulating the compensation of county and precinct officers, and it is provided that “ such law shall establish scales of fees to be charged and collected by such of the county and precinct officers as may be designated therein for services to be performed by them respectively; and where salaries are provided, the same shall be payable only out of the fees actually collected, in all cases where fees are prescribed.”
Is the county judge a county officer ? At the time of the
The first state legislature speaks of county judges as county officers. Gen. Laws, p. 386, sec. 95.
They are elected by the electors of the county, and have jurisdiction within their respective counties, and should, we think, be considered county officers.
In our opinion, the two sections of the constitution referred to in your question should be construed inparimateria, and when so construed do not permit salaries to.be paid county judges, except from fees actually collected.