67 P. 33 | Utah | 1902
Upon tbe petition of Heber M. Wells, Governor of tbe State, an alternative, writ of mandate was issued out of tbis court, directing tbe respondent, Charles S. Tingey, as State Auditor, to draw and deliver to tbe relator a warrant or warrants for tbe unpaid balance of bis salary as Governor, alleged in tbe petition to be due and unpaid, and for wbicb tbe respondent refused to issue to tbe relator a state warrant. Tbe respondent demurred to tbe petition and alternative writ on tbe ground tbat tbey failed to state facts sufficient to constitute a cause of action or justify the issuance of a peremptory writ of mandate. It appears from tbe facts admitted by tbe demurrer: Tbat tbe relator was, at tbe general election in November, 1900, duly elected Governor of tbe State, and tbat tbe term for wbicb be was so elected began on tbe first Monday of January, 1901, and tbat upon tbat day be duly qualified, entered upon tbe duties of bis office, and ever since has continued to discharge tbe duties of tbe same. Tbat at tbe time be was so elected, and when be qualified and entered upon tbe duties of bis office, tbe salary of tbe office of governor was as fixed by article 1, section 20, of tbe Constitution, wbicb is as follows: “Tbe Governor, Secretary of State, Auditor, Treasurer, Attorney-General, Superintendent of Public Instruction and such other State and dis
“An act fixing the salaries of certain state officers, and providing for payment thereof.
“Be it enacted by the Legislature of the State of Utah:
“Section 1. Salaries of certain state officers fixed. The annual salaries of the following state officers are hereby fixed as follows: Governor, four thousand dollars; Secretary of State, three thousand dollars; State Treasurer, fifteen hundred dollars; State Auditor, two thousand dollars; Attorney-General, two thousand dollars; State Superintendent of Public Instruction, eighteen hundred dollars.
“Sec. 2. To be paid quarterly. The salaries of the state officers in section one specified, shall be paid quarterly, and the State Auditor shall draw his warrant on 'the State Treasurer at the end of each quarter for the amount of salary due each of such officers.” Laws 1901, p. 73.
By an act approved March 26, 1901, an appropriation of the sums necessary to pay the annual salaries fixed by the said Act of March 14 for the years 1901 and 1902 was made.
It is clear from the language of the act, and from the fact that during the same term at which it was enacted the Legislature appropriated money to meet the increased salary of the officers mentioned who had before the passage of said act been elected and were then serving the term for which they had been chosen, that the Legislature intended the act to apply to and increase the salary of the officers then serving their terms. This appropriation is, by implication, a legislative construction of the act and the section of the Constitution under consideration. This being so, under the well-settled rules of construction, the court must construe the act in accordance
The contention of tire respondent is untenable unless the term “law,” as used in the section of the Constitution referred to, clearly includes the Constitution itself. Although the term “law,” in its broadest sense, includes constitutions, it is clear, from its connection in article 7, section 20, and other sections of the Constitution, that it was not used in its general sense, but merely as a designation of “statutory law.” The term “law” occurs in the sections of article 7 preceding section 20 of said article, sixteen times, and in each instance the term is used in the sense of “statutory law.” The term is also used in numerous other articles of the Constitution in the same sense. This is apparent from the connection in which that term is used in said sections. It is provided in section 1, article 7, that officers of the executive department “shall perform such duties as are prescribed by this Constitution and as may be prescribed by law.” Section 13 provides that, “until otherwise provided by law,” the officers named shall perform the duties therein prescribed. Sections 14 and 15 provide that, “until otherwise provided by law,” the officers
It is ordered that a peremptory writ as prayed for by the relator be issued, and that the respondent pay the costs.