*1 59! Estate of Sims, Administrator of Clinton Anna L.

John H. (2d) 69. S. W. Appellant. July One, 3, 1928. S.V. appellant. Herndon for

LINDSAY, presented by herein C. The demand involved was the administrator L. deceased, County Anna to the Court County, against of Clinton as a said county claim for a balance of salary alleged to from decedent, be due Superintendent county rejected Schools. The claim, court upon appeal, the circuit court rendered in favor .of respondent sum of The ease was submitted agreed statement facts. Anna L. Sims was elected Superintendent of Public Schools of said on the Tuesday April, first 1919, for a ending* Tuesday term the first in April, duly 1923. She qualified, and served as such officer until her death on December a years, eight three twenty-five months days. paid She was $1500 per annum the time men- tioned, or, for the first years, $4500; three for months, $1000, twenty-five and for the days, $102.72, making a total of 'agreed $5602.72. It was presidential that at the election for the 1916, the total vote cast in said county 3774; that at election in November, 1918, the total vote and at the presidential election held 1920, the total vote wa‘s ^presented defendant several declarations law which were refused court, but which it necessary to set out. The circuit proceeded court on the theory approved the act March 191.9 (Laws 1919, p. 694), was in force at the time the deceased it. incorporated clause oJi elected, virtue and 11354, by Sections act is shown body of the $1290, still due amount, arrived The court Statutes 1919. annum from per by allowing presidential to the date April 1, 1919, on date of her election salary of by allowing a 1920, and, November on treating the thus the remainder annum for making monthly salary, and salary, but an annual as not in year of the officer’s of a not from the end begin, the increase of 1920. presidential election cumbency, but from the date of questions considered as were presents precisely the same ease rel. ex court, Two of this State and determined In that case the relator was Harvey Linville, 300 S. W. 1066. Superintendent of Schools of Benton qualified Public approved 1919. It was there p. 694, March Laws shown as Sections 11352 and g’o 1919, did not into immediate effect *3 Revised Statutes act, provisions of the clause attached to under the 36, IY Section of Constitution, Article the for the reason that it subject an referendum, exceptions was and not within the in the mentioned referendum section—Section 57 of As IY. Article holding salary result of that it was further that of the the relator in by that case was to be in determined the law force at the time of his election. law in at force the 10938, time was Section 1909; and, Revised applicable Statutes further also, in force, and was Section 10719, 1909, Revised Statutes which is Section 11016, Re vised Statutes 1919. sections, These two respectively prescribed, one, the salary the amount superintendent of of dependent the upon population the of and county, his other, the the method of ascertain ing population. such Certain appropriate conclusions in de the termining of ease, the instant and in stated the in State ex rel. v. Linville, supra, 1067, 1. c. as are follows: salary “The increase of which a permits statute an election after showing population an in increase is not in violation of the Con- “stitution, that salary the during increased the term for which the officer because law the in force at the time of his election fixes salary, his to be periods 'ascertained at changed by as population. the increase in ex rel. v. [State Hamilton, 303 Mo. 260 S. W. salary of dependent an officer, 466.] upon popu- the lation as ascertained from time to time, would be determined the laAv of time election, his and a law which went into effect later would not affect the' matter. Therefore, if the Act of 1919 was not in effect when relator was elected, it would not apply to salary his at period of his term. provides for ascertain- Statutes “Section 1919, says Revised Statutes salary. Section ‘annual’

ing the money, dependent so much receive superintendent the shall saying it was whether without of the population the presumed annual it be must From the context annum. salary,’ used in Section ‘Annual salary meant.- split cannot be incumbency.’ of It salary the means each during', year, must periods elections which occur and up into further that ‘an- on a as whole. AYeconclude be calculated salaries, years, but the nual,’ applied to means not the calendar years which begins in the case relator of the incumbent’s of day April year.” of the 1st each

Accepting then Sections Revised Statutes determining salary governing clearly it appears than her that she received more was due for the of for, incumbency. provisions her of sections, Under the those determining purpose salary for the first two years, population fixed was to be the total cast at vote popula- which resulted in an ascertained tion of more 12,000 than and less 15,000, than in an annual salary $800; or, years for the first two a total authorized By the same sections and under the total vote of at . presidential election of population ascertained than fifty more thirty thousand, and less than authorizing a per annum. $1400 Under ruling, Linville, State v. supra, adopted by this us, increase to went into effect on salary accruing incumbency— remainder her year, one twenty-five days months and per annum, —at $2428.94, or total authorized incumbency *4 $4028.94. If the Act April 1, 1919, no balance of due method of calculation.

Therefore, the of the circuit court must be and is re- versed. Seddon Ellison, CG., concur. PER foregoing opinion CURIAM:—The by Lindsay, adopted C., is

as the of the court. All of judges concur.