Cody v. Murphey

Citations

• 89 Cal. 522
• 26 P. 1081
• 1891 Cal. LEXIS 848

Syllabus

<p>Constitutional Law — Act Reducing Salaries oe County Officers in Thirty-fifth Class. — The act of March 14, 1891 (Stats. 1891, p. 106), readjusting and reducing the salaries of ail county officers of counties of the thirty-fifth class, is not in conflict with article 1 of section 11 of the constitution, requiring that all “laws of a general nature shall have a uniform operation,” nor with article 4, section 25, which prohibits the passage by the legislature of any local or special law “affecting the fees or salary of any officer.”</p> <p>Id.—General Laws — Local and Special Legislation—Classification of Counties. — General laws are those which operate alike upon all persons to whom they apply, and apply equally to all persons in the same category within the jurisdiction of the law-making powers; and a law applicable to all the counties of a class authorized by the constitution to be made is neither a local nor special law, but is a general law, and it is immaterial whether there be few or many counties to which its provisions will apply.</p> <p>Id.—County Government Act — Amendment.—The act of March 14, 1891, became operative as an amendment of the County Government Act of 1883, and is in full force and effect until the expiration of office of the present incumbents.</p> <p>Id.—New County Government Act — Repeal of Former Act —Ef feot upon Incumbents of Office. —The new County Government Act of March 31, 1891, reclassifying the counties of the state and fixing the salaries of county officers, expressly provides that the fees and salaries of the incumbents of county offices shall not be affected thereby, and does not, before the expiration of the term of such incumbents, operate to repeal the provisions of the act of 1883, or its amendment of March 14, 1891, readjusting the salaries of county officers of the thirty-fifth class.</p>