Board of Supervisors v. Christianer

Citations

• 68 Ill. 453

Syllabus

<p>1. Constitutional law—compensation of county superintendent. The act of 1867, fixing ih&per diem of county superintendents of schools at $o, was not repealed by sec. 11, art. 10, of the new constitution, as such per diem may be regarded as compensation, and not “fees,” in the sense in which that term is used in the constitution.</p> <p>2. Same —fixing compensation of county officers by county bowrds. The 11th section of article 10 of the constitution, which provides that “the compensation herein provided for shall apply to officers hereafter elected,” is a limitation on the power of county boards, to fix or change the compensation of officers previously elected. Such officers were entitled to enjoy and receive the emoluments attached to their offices by general laws, all special laws relating to fees having been repealed by the constitution.</p> <p>S. Statute—whether affecting compensation of officers then elected, or prospective. By the statute of 1867, county superintendents of schools were allowed §S per day as compensation. The 27th section of the act relating to fees and salaries, in force July 1, 1872, after fixing the commissions of such superintendents, provided that, for all other services, they should receive §4 per day, for such number of days as the county boards might designate: Held, in view of the constitutional provisions bearing on the question, that the act of 1872 applied only to such officers as were elected subsequent to the adoption of the constitution, and that as to county superintendents elected before that time, the provisions of that act, as well as any resolutions of county boards on the subject, were inoperative.</p>