Doughterty v. Austin

Citations

• 94 Cal. 601
• 29 P. 1092
• 1892 Cal. LEXIS 737

Syllabus

<p>Constitutional Law—Public Officers — Increase of Compensation — Salary of Deputy. — An order of the board of supervisors of Marin County, allowing a county clerk a deputy at a salary of fifty dollars a month, to be paid by the county, made on the 10th of January, ISS9, and after the election of the county clerk to that office, is in effect an increase of the compensation of such county clerk after his election, and is therefore void, as being in conflict with section 9 of article XI. of the constitution, notwithstanding the amendment of 1887 (Stats. 1887, p. 207) to section 211 of the County Government Act of 1883 purports to authorize the boards of supervisors of certain counties to allow deputies to the county officers on salaries to be paid by the county.</p> <p>Id.— Uniformity of Operation of General Law — County Government Act — Amendment of 1887. — The provision of section 211 of the County Government Act of 1883, as amended in 1887 (Stats. 1887, p. 207), “that whenever, in the opinion of the board of supervisors, the salary of any county officer in the third, fourth, fifth, twelfth, twentieth [and several others] classes as fixed and provided in this act is insufficient to pay a reasonable compensation for the services required to be performed, then said board shall allow such officer a deputy, or such number of deputies as in their judgment may be required to do the business of such office, in connection with the principal, at a salary not to exceed one hundred dollars per month, to be paid at the times and in the manner said principal is paid,” is unconstitutional and void, as it prevents the county government act, which is essentially a law of a “general nature,” from having a “ uniform operation, ” as required by section II of article I. of the constitution.</p> <p>Id. — Delegation of Legislative Power. — Such provision is also unconstitutional and void, as it is an attempt by the legislature to delegate to the board of supervisors the duty imposed on