119 Cal. 686 | Cal. | 1898
The complaint sets forth that certain counties of the state, to wit, Yuba, Sutter, Sacramento, Colusa, Glenn, Tehama, Yolo, and Solano, “banded together for self-protection against” certain alleged “danger and damage” arising from the deposit through hydraulic mining operations of “masses of debris, gravel, sand,'and other heavy material into the Feather, Yuba, and Bear rivers, filling up the channels of said rivers, thereby causing the same to overflow their hanks,” thus causing “many thousands of acres of valuable land therein to he entirely destroyed and rendered valueless”; and that said counties formed.
Appellant contends that the expenditure of the moneys for the purposes stated constitutes a county charge, and that plaintiff was the proper person to perform the service and expend the money.
It cannot be pretended that this so-called “Anti-Debris Association” is anything more than a voluntary association of citizens, like many others convened to consider matters deemed by them of common interest; it has no existence beyond the mutual
Appellant relies-upon section 51 of this same act, page 365, where it is said that, “All claims against the county presented by members of the board of supervisors for p&r diem and mileage,
We do not think that the provision quoted was intended to include any claim for services not coming within the duties of the board as prescribed by law. The board was certainly not left to decide for itself the limit it could put upon expenditures, for the law was careful to provide that the salaries and fees provided in the act “shall be in full compensation for all services .... unless in this act otherwise provided.” We are not called upon at this time to say what meaning might, in some possible case which might arise, be given to the words, “or other services rendered hy them”; but we are clearly of the opinion that they do not include such services as are set forth in the complaint, either as per diem or mileage or otherwise. It is common history that like associations have been formed in the mining counties, we may presume with equally sincere motives, to resist the efforts made by this very Anti-Debris Association, and under claims that the deposit of debris in the streams named is and was by right and that great harm would come by preventing such deposit. If plaintiff’s contention be correct, we should have the public funds of one county used to prevent the consummation of an object which the funds of another county were being used to promote, and both claiming under the same general law. Such a result cannot be permitted, in the absence of positive and clear statutory authority. The act in question, section 230, page 511, specifies what are county charges; they cannot be extended to embrace any such claim as this. The duties of the hoard relate generally to such as are discharged while in session within their own county, and to duties imposed upon them when acting as road commissioners. It certainly cannot be claimed that the services of plaintiff at Sacramento, while in attendance upon the debris association, was as a member of the board while in session as such board, nor as a road commissioner, nor was the claim sued upon for per diem or mileage in either capacity. We are unable to see why this claim if allowed would not work an increase in plaintiff’s compensation, which cannot be done if we are to regard
Boards of supervisors are frequently asked to give the aid of public funds in their control to objects unknown to the law, but upon grounds of local policy and for what may seem to be at the time for thé welfare of the locality, and such expenditures are often acquiesced in by the people. But whenever the courts have been appealed to in these cases, they have uniformly held to the only safe rule—that public officers and municipal boards must keep within the limits of their power as prescribed by law. Many illustrations may be drawn from decided cases; one or two will suffice. In Andrews v. Pratt, 44 Cal. 309, the board were authorized to sell certain railroad bonds, and in doing so incurred some traveling expenses, but this court held that the claim could not be paid. In Domingos v. Supervisors, 51 Cal. 608, the board appointed one of its members to superintend the construction of a drainage canal. His claim for services was denied.
It may be safely stated as a rule that one who demands payment of a claim against a county must show some statute authorizing it, or that it arises from some contract, express or implied, which itself finds authority of law. It is not sufficient that the services performed, for which payment is claimed, were beneficial. Nothing is better settled than that "a person who accepts an office with compensation fixed by law is bound to perform the duties for the compensation. Mr. Dillon in his Municipal Corporations, section 233, speaking of this rule, says: “The rule is of importance to the public. To allow changes and additions in the duties properly belonging or which may properly be attached to an office to lay the foundation for extra compensation, would soon introduce intolerable mischief. The rule, too, should be very rigidly enforced. The statutes of the legislature and the ordinances of our municipal corporations seldom prescribe with much detail and particularity the duties annexed to public offices; and it requires but little ingenuity to run nice distinctions between what duties may, and what may not, be considered strictly official; and if these distinctions are much favored by the courts
Searls, C., and Haynes, C., concurred.
For the reasons given in the foregoing opinion the judgment is affirmed.
Harrison, J., Garoutte, J., Van Fleet, J.
Hearing in Bank denied.