Minnehaha County v. Thorne

Citations

• 6 S.D. 449
• 61 N.W. 688
• 1895 S.D. LEXIS 132

Syllabus

<p>1. A law that operates upon all, and in like manner affects évery person in this state'who is brought within the conditions and relations for which it provides, is not repugnant to a constitutional provision which requires that all laws relating to courts shall be of general and uniform operation throughout the state.</p> <p>2. That portion of section 10, c 81, Laws 1890, which in effect provides that the compensation of the clerks of courts in counties having a population of 10,000 or under shall be $1,500, and that such compensation shall be $2,000 in counties having a population in excess of 10,000, is neither in conflict with section 34 of article 5 nor section 6 of article 9 of the constitution.</p> <p>3. A strict construction should be placed upon a statute by which a board of county commissioners may charge a public officer with an offense highly penal in its nature, and which authorizes such board to institute an action based upon such a charg'e, in the name of the connty, for the purpose of removing such incumbent from the office to which he was elected; and it must expressly appear from the complaint, if the prosecution is under sections 1387, 1388, Comp. Laws, that the action is brought by the board of couQty commissioners. Kellam, J., dissenting.</p> <p>(Syllabus by the court.</p>