64 Cal. 164 | Cal. | 1883
Lead Opinion
By an act of the legislature entitled “An Act to pay the salary of the reporter' of decisions of the Supreme Court for the period elapsing from January 7 to July. 1, of the year 1880,’’ the sum of $1,208.33 was appropriated out of any moneys in the State treasury, not otherwise appropriated, to pay to the petitioner the salary due him for services as such reporter during the time specified. The act took effect on the 13th of March, 1883. Appropriation of the sum allowed by the law has, in fact, been made, and the money is now in the State treasury for the purpose of the law; but the controller of State refuses to draw his warrant for it in favor of the petitioner, because, as it is contended, the law conflicts with section 32, article iv., of the Constitution, which prohibits the legislature from granting any extra compensation or allowance to a public officer, and also subdivision 29, section 25, article iv., which prohibits special legislation affecting the salary of any officer. But there is nothing in the title, or the body of the act which expresses an intention to increase or diminish the salary of the officer, nor to appropriate money to him as extra compensation for official services. The entire scope of the act, as expressed in the title and in the act itself, is to fix and provide for the payment of the salary of the officer for the time specified in the act. Legislation
Smith v. Kenfield, 57 Cal. 138, is not opposed to the views expressed or the conclusion reached in this case in that the
Let the writ issue.
Myrick, J., Sharpstein, J., and Thornton, J., concurred.
Boss, J., concurred in the judgment.
Concurrence Opinion
I concur in the judgment. When the legislature fixed the salary of the reporter he became entitled to demand and receive compensation at that rate from the commencement of his term so soon as the legislature should appropriate moneys for that, purpose. By the Act of March 13, 1883, moneys were appropriated for the payment of his salary from the commencement of his term to the date when the act fixing his salary took effect.