Green v. County of Fresno

Citations

• 95 Cal. 329
• 30 P. 544
• 1892 Cal. LEXIS 823

Syllabus

<p>County Government Act — Counties of Twenty-sixth Class — Fees of Constables — Constitutional Law — Compensation Proportioned to Duties. — Section 188 of the County Government Act, as amended March 16, 1889, determining what fees shall be allowed to constables in counties of the twenty-sixth class, is not repugnant to section 5 of article II. of the constitution, providing that the compensation must he regulated “ in proportion to duties.”</p> <p>Id. —Matter of Fact — Province of Legislation. —What compensation of an officer should be deemed “ in proportion to his duties^” is a matter of fact to he ascertained and determined by the legislature, and not by the courts.</p> <p>Id__Review of Action of Supervisors — Agreed Statement of Facts — Presumption — Excess of Limit.—In a proceeding in the superior court of Fresno County to review the action of the board of supervisors of that county in rejecting portions of each claim presented for constable’s fees, where the ease was submitted upon an agreed statement of facts, which did not show upon what ground they were rejected, the superior court was authorized to presume that they were rejected upon any ground not negatived by the statement, and that they were properly rejected because in excess of the fifteen-hundred-dollar limit fixed by section 188 of the County Government Act.</p> <p>Id. — Effect of Agreed Statement — Restriction to Eacts Admitted. — Where a case is submitted under an agreed statement of facts, the consideration of the court is restricted to the facts admitted, and its judgment cannot be based upon any other facts which it may suppose one of the parties can establish.</p>