Hauser v. Seeley

Citations

• 18 S.D. 308
• 100 N.W. 437

Syllabus

<p>1. Const,, art. 12, §3, provides that the compensation of any public officer shall not be increased or diminished during- his term of office.. The article is in four sections, and appears under the heading, “Public Accounts and Expenditures.” The first section provides that no money shalt be paid out of the treasury, except upon appropriation by law, and on warrant drawn by the proper officer; the second provides that the general appropriation bill shall embrace only appropriations for ordinary expenses of the, executive, legislative, and judicial departments; ; the third provides that the Legislature shall never grant any extra compensation to any public officer, employee, or contractor, and contains the above provision as to increased or diminished compensation; and the fourth section provides for an itemized statement of receipts and expenditures. Const, art. 5, jj 19, provides that the term of the county judge shall be for two years, until otherwise provided by law, but makes no provision for his salary, while, on the other hand, sections 8, 15 and 30 of that article, and article 21, § 2, definitely fix and provide for the terms and salaries of the supreme and circuit judges. Held that, construed by its context, the provision of article 12, § 3, includes under the term “public officers” only state officers who draw their salary from the state treasury, and does not include the county judges.</p> <p>2. Laws 1901, p. 130, c. 104, § 3, provided for the determination of a population of a county in order to fix the salary of the county judge by requiring the county auditor to multiply the number of votes east for Governor at the preceding election by 4i; Laws 1903, p. 112, c. 104, § 1, amended this provision by providing that it should be the duty of the county auditor to file a certificate showing the population of the county “immediately after the taking effect of the act,” and at certain times thereafter, and that such population should be determined by multipl