113 Cal. 644 | Cal. | 1896
The action is mandate to compel defendant county clerk to file an answer in a civil case without the payment of the fees required by the act of March 28, 1895, establishing the fees of county, township, and other officers, and of jurors and witnesses, in this state. (Stats. 1895, p. 267.)
The sole question presented on this appeal, and therefore the only question to be decided, is the applicability of the said act of 1895 to the city and county of San Francisco.
At the time of the adoption of the present constitution the fee bill for the city and county of San Francisco was found in an act passed February 9,1866. (Stats. 1865-66, p. 66.) If that act was repealed by the act of 1895, then the judgment of the trial court is correct. If, upon the other hand, the act of 1866 is still in force, appellants’ contention must prevail.
Appellant argues that the act of March 28, 1895, though a general act, does not in terms repeal the act of 1866; that there is no necessary repeal by implication; that it does not in terms apply to the officers of a city and county; and that, therefore, the general statute is to be read as silently excluding from its operation the special statute of 1866.
By article XI, section 5, of the constitution, the legislature is enjoined to provide a uniform system of county government for the various counties, to regulate the compensation of county officers in proportion to their duties, and to provide for the strict accountability of ail such officers for the fees and moneys collected by them in their official capacity. By section 7 of the same article the provisions of the constitution affecting cities and affecting counties are, so far as may be, made applicable to consolidated city and county governments, while by article IV, section 25, of the constitution, the legislature is prohibited from passing special or local laws affecting the fees or salary of any officer (subdivision 29), or prescribing the powers and duties of officers in counties,
The law under consideration is general in its terms, and, while it makes no distinct mention of officers in consolidated governments, it undertakes to establish the fees, not alone of county and township officers, but of other officers in this state. In the somewhat anomalous municipal corporations recognized by the constitution, and known to the law as consolidated cities and counties, the officers do not lose their distinctive characters as county officers or of city officers merely because they hold within the corporate limits of such governments. The county clerk of the city and county of San Francisco, the sheriff of the city and county of San Francisco, the recorder of the city and county of San Francisco, are each and all county officers. They have no place properly as officers of a city. Upon the the other hand, the mayor of the city and county is distinctly and separately a city officer as distinguished from a county.
A law, therefore, which, under -the constitutional mandate, undertook to regulate the duties or the compensation of county officers Would fail of the basic requisite of the constitution that all laws of a general nature should have a uniform operation (Const., art. I, sec. 2), if it should be held that its terms did not apply, and were not meant to apply, to county officers in consolidated governments. And it must, therefore, be concluded, without room for question, that the act under consideration is, in its terms, applicable to the city and county of San Francisco.
But, when this point has been reached, appellant contends that he may invoke the rule and principle expressed in Home for Inebriates v. Reis, 95 Cal. 142, and that, under the authority of this case, the city and county of San Francisco must be excepted from the operation of the law. All that this court did in the Reis case was to recognize and give effect to certain well-settled principles governing the interpretation of stat
There are other rules of construction, however, of equal dignity and potency. The rules that we have been considering apply only in a case where a repugnancy between the two acts is not manifest. If such a repugnancy exist, then it is well settled that the earlier act must fall. (Endlich on Interpretation of Statutes, sec. 206.) Only so far as the two acts are not, in their terms, incompatible with each other, is the earlier act allowed to stand. It is a fundamental rule for the interpretation of statutes that, where the instrument is susceptible of two permissible constructions, by one of which it is valid, by the other of which it is void, the one in favor of its validity, and of natural right, will prevail, for courts will only, upon the clearest showing of invalidity, overthrow the enactments of a co-ordinate department of government. The legislature is pre
The judgment appealed from is affirmed.
Temple, J., and McFarland, J., concurred.
Hearing in Bank denied.