Kinsey v. Kellogg

Citations

• 65 Cal. 111
• 3 P. 405
• 1884 Cal. LEXIS 466

Syllabus

<p>Cotnm Glebe—Sefabatioh of Offices—Salary.—On February 28, 1876, the offices of county clerk, auditor, and recorder of Humboldt County were united in the same person. On that day the legislature passed an act fixing the annual salary of the clerk for all services required of him in these several offices at 85,000. Subsequently, by an act of the legislature, Humboldt County was constituted a county of the second class, and the board of supervisors separated the offices of auditor and recorder from that of county clerk, and fixed the salary of the latter at 82,700. Held, that the act was intended to fix the salary for the several offices while they were united in the same person, and that when the offices were separated, the clerk was not entitled to receive the salary intended for all; and that as the act did not determine how much should be paid on account of each of the offices, it became inoperative when the separation occurred.</p> <p>Id.—Boabd of Supervisobs.—In the absence of any law fixing the compensation of the county clerk, the board of supervisors had authority to fix it.</p>