22 Wash. 267 | Wash. | 1900
The respondent was accused, by information filed in the superior court of Spokane county, of a criminal offense, and, upon trial, duly acquitted. In the cost bill, as taxed by the clerk, fees were allowed certain witnesses, duly subpoenaed and attending the trial, who were regularly employed policemen of the city of Spokane, and drawing regular monthly salaries as such policemen. The prosecuting attorney, when the cost bill was submitted for his approval, reported against the allowance of these fees, whereupon a motion to retax the costs was made by the respondent’s counsel, and, upon a hearing thereon, the fees were allowed by the court. The state appeals.
It is insisted that the action of the court was in contravention of § 25, art. 2, and § 8, art. 11, of the state constitution. The argument is that a policeman is an officer whose salary is fixed by law, and that to allow him fees while attending on a superior court as a witness is to in
As it is not shown that it is a duty pertaining to the office of policemen of the city of Spokane for a person holding that office to attend upon the superior court as a witness, the judgment of the lower court must be affirmed, and it is so ordered.