Dwyer v. Parker

Citations

• 115 Cal. 544
• 47 P. 372
• 1897 Cal. LEXIS 471

Syllabus

<p>Constitutional Law—Fee Act of 1895 — Fees of Justices and Constables — Limitation of Fees Retained—Supervision of District Attorney.—The provisions of the act of 1895 to establish the fees of county, township, and other officers, limiting the amount of fees to be retained by justices of the peace, and giving the district attorney supervisory power over the fees and bills of justices and constables, are unconstitutional and void.</p> <p>Id.—Compensation of Officers—Classification of Counties—Mandatory Provision of Constitution.—Section 5'of article XI of the constitution, requiring the legislature to regulate the compensation of all county and township officers in proportion to the duties which they may perform, and providing that the legislature “for this purpose may classify the counties by population,’’construed with section 22 of article I, is mandatory, and provides as the sole mode for adjusting the compensation of officers, that it be adjusted in accordance with their respective duties under a classification of counties by population made for this purpose.</p> <p>Id.—Justices of the Peace—Compensation and Fees, how Regulated —Fee Act—County Government Act. —The compensation of justices of the peace cannot be regulated in part by the fee act of 1895, but is governed wholly by the County Government Act of 1893, including the amount of fees which they are permitted to retain; but the fee act of 1895, though invalid in limiting that amount, still remains as a full and complete fee bill, and establishes what fees may be charged for, and collected by, justices of the peace, and by all county and township officers.</p> <p>Id.—Supervisory Control of District Attorney—Uniform Operation of General Laws.—That portion of the fee act of 1895 which gives the district attorney a supervisory control over fees of justices and constables in criminal cases, is void, as being in conflict with section 11 of article I of the constitution, providing that “all laws of a general na