Cullom v. Dolloff

Citations

• 94 Ill. 330

Syllabus

<p>1. Fees and salames—compensation of county officers. The cons tito ti on has fixed the maximum compensation that can be allowed to county officers in the counties of each class; and it provides that where the county board has fixed this compensation, it shall neither be increased nor diminished during the term of office, and that the General Assembly shall regulate the fees so as to reduce them to a reasonable compensation for services actually rendered.</p> <p>2. Two things are apparent from these constitutional provisions—first, that a compensation shall be unalterably fixed for the official term of the officer; and second, that the county board shall fix the clerk hire and expenses of the office. But it was not intended that for clerk hire and expenses more should be fixed than was necessary, but, on the contrary, it was intended to effectually prohibit anything from being paid beyond what was actually necessary. Under these provisions, a county board is powerless to bind the county to pay more than what the clerk hire and expenses reasonably and necessarily cost. But, in any event, the board should allow the officer to retain out of fees collected a sufficient sum to pay a reasonable price for necessary clerk hire, fuel, stationery, etc., actually paid or purchased, but no more.</p> <p>3. Same—amount of fees county officer may retain for cle.rh hire, etc. A circuit clerk or other county officer can retain from the fees received by him only the amount fixed for his compensation, and such other reasonable sums as he has actually paid out for necessary clerk hire, stationery, fuel and other expenses of the office, no matter at what sum the county board may have allowed him for clerk hire, etc. The county board is prohibited, by both the constitution and the statute, from allowing a county officer any sum for clerk hire, stationery, fuel, etc., in excess of that actually paid for the same, and as such excess is to pay for services not rendered, it indirectly incr