Palmer v. State

Citations

• 11 S.D. 78
• 75 N.W. 818
• 1898 S.D. LEXIS 75

Syllabus

<p>Const. Art. 3 Sec. 12 forbids the appointment of any member of the legislature, during the the term for which he was elected, to any civil office in the state created, or the emoluments of which have been increased, during the term for which he was elected, and forbids that any member doing the term for which he was elected, or one year thereafter, be interested in any contract with the state, or any county thereof, authorized by any law passed during the term for which he was elected. Laws 1897, Chapter 110, Section 41, after prescribing certain duties of the attorney general and state’s attorneys, authorizes the railroad commissioners to employ additional legal counsel, and the general appropriation bill for the same year, in the section relating- to railroad commissioners (Laws 1897, Chapter 10, Section 20). contains the item; “For litigation fund for biennial period of 1897 and 1898 $4,500.” Held, that an attorney who was chosen a member of the legislature for the biennial period beginning January 1, 1897, cannot collect for services rendered the railroad commissioners during 1897.</p>