47 Minn. 219 | Minn. | 1891
From the action of the board of county commissioners fixing his salary under the authority found in Gen. St. 1878, c. 7, § 3, as amended by Laws 1885, c. 17, § 1, the appellant here, county attorney of Fillmore county, appealed to the district court, as authorized by the proviso found in said section S. His appeal was dismissed by the court, on motion of the county board, upon the ground that when the legislators undertook to provide a county attorney, who felt himself aggrieved by the act of the board of county commissioners in fixing his salary, with a judicial remedy, they transcended their constitutional limits by imposing legislative functions and duties upon the judiciary. As will be noticed on examination, the statute involved — which has been in force for more than 20 years, has frequently been acted upon by the district court, and once considered by this court in the determination of a case, (Hawkins v. Watkins, 34 Minn. 554; 27 N. W. Rep. 65,) always without controversy over its validity, so far as we know — authorizes the transfer of the question of the amount of salary to be paid a public officer from the board of county commissioners, and by appeal, to a judicial tribunal.
But we are of the opinion that a clear distinction exists between the office of county attorney and that of other county or public officers, .in that the county attorney is a quasi officer of the court. And it was this distinction, undoubtedly, which the legislature had in mind when it conferred upon the court the power to finally determine the salary of this single officer, refraining from like action in respect to other officers, whose compensation was to be determined by the same ministerial body. The county attorney’s duties, as actually performed, are mostly under the direction and supervision of the district court; and under some circumstances (Gen. St. 1878, c. 8, §§ 218a, 214) the court designates or appoints him or his assistant. From the character of the services rendered, and the place
Order reversed, and case remanded for further proceedings.