Love v. Baehr

Citations

• 47 Cal. 364

Syllabus

<p>Poweb of Legislatube as to Duties of State Officebs,—Although the Constitution is wholly silent with respect to the duties to he performed by the Attorney-General, Secretary of State, Controller, and Treasurer, and contains no express limitation on the power of the Legislature as to the nature of the duties it may impose on these officers, yet a limitation on this power is necessarily implied, from the nature of these offices.</p> <p>Idem:.—Such limitation will be found in the general class of duties which the incumbents of similar offices had performed in other States, before our Constitution was adopted.</p> <p>Idem.'—In assigning to these officers their duties, the Legislature possesses a wide discretion, and the Courts will not interfere unless the duties assigned are in their nature wholly foreign to the office.</p> <p>Attoeney-Genebal’s Salaby, aed Poweb of Legislature oveb his Duties.—The Legislature has no power to compel the Attorney-General to perform the duties of a member of the Board of Examiners, to examine and approve or reject claims against the State; but if such duties are imposed on him by law, and he voluntarily performs them, the Legislature may compensate him for this unofficial service, by paying him a salary in addition to that which he receives as Attorney-General, even if the law allowing him such salary is passed during his term of office.</p>