98 Cal. 227 | Cal. | 1803
This was an application for a writ of mandate brought by appellant, recorder of the county of Glenn,
The power of the legislature to classify counties for the purpose of regulating the compensation of county officers is limited by section 5 of article XI. of the constitution, which section requires such classification to be made according to the population of the various counties. It is apparent that the legislature has no power to arbitrarily place any particular county in any particular class. Classes of counties are arranged according to a graduated scale of population, and when the population of a county is determined by the legislature its classification is arrived at without trouble.
Upon March 11, 1891, when the legislature declared that Glenn County should be a county of the thirty-seventh class, it was but a declaration that Glenn County had a population over 6,500 and under 6,600, for at that time counties of the thirty-seventh class were counties having a population within those limits. According to the County Government Act, the population of the various counties for the purposes of the act were to be determined from the last preceding federal census; but in the case of newly organized counties, especially where the boundary lines of the new county do not follow township lines, such census would not furnish the data contemplated, and for that reason the legislature for' the purposes of classification could well declare the population of Glenn County to be over 6,500 and under 6,600, receiving its information for such declaration
Section 235 of the County Government Act of 1891, among other things, provides; “That in all newly created counties for the purpose of fixing the salaries and fees of county and township officers, the board of commissioners appointed to organize said new county, and if no commissioners be appointed, then the board of supervisors of said new couuty, shall classify said new county according to the population classification of this act.” By virtue of this provision, the commissioners appointed under the Gleun County Act, upon the eleventh day of May, 1891, the date of its organization, declared Glenn County to be a county of the forty-first class. It is not necessary to enter into a discussion of the constitutionality of this provision of the County Government Act as being a delegation of power to a board of commissioners or supervisors, for conceding the declaration of such board of commissioners in declaring Glenn County
In adopting this construction of the foregoing provisions of the various statutes, it is not necessary to hold that the act of March 31,1891, repealed the act of March 11,1891. As to the classification of Glenn County, the acts are not even inconsistent. Construing section 14 of the Glenn County Act as simply fixing the population of the county, we find nothing in the County Government Act of March 31st in any way touching upon the question of its population. We conclude that Glenn County is a couuty of the forty-first class, and for that reason the judgment is affirmed.
Paterson, J,, and Harrison, J.s concurred.