People ex rel. Atkinson v. Johnson

Citations

• 95 Cal. 471
• 31 P. 611
• 1892 Cal. LEXIS 852

Syllabus

<p>Judgment upon Pleadings — Admission op Allegations op Answer. — An allegation of an answer upon a material issue raised by the pleadings is admitted by a motion of the plaintiff for judgment upon the pleadings.</p> <p>Constitutional Law — Compensation op Constables — Diminution during Term.—An ordinance of the board of supervisors diminishing the compensation of constables for services in criminal cases during the term is not in conflict with section 9 of article XL of the constitution, which prohibits an increase of salary of an officer after his election or during his term of office.</p> <p>Id.—County Government Act—Salaries or Constables—Compensation Noy Proportioned to Duties. — Subdivision 14 of section 183 of the act of March 13, 1891 (Stats. 1891, p. 377), entitled “An act to establish a uniform system of county and township governments,” which attempts to delegate the power to fix the salaries of constables of counties of the twenty-first class to the board of supervisors, is in conflict with section 5 of article XI. of the constitution, which imposes upon the legislature the duty of regulating the compensation of such officers in proportion to duties, and is therefore void.*</p> <p>Id.—Mandatory Provision or Constitution—Delegation or Legislative Power. — Section 5 of article XI. of the constitution, providing for the regulation by the legislature of the compensation of officers therein named in proportion to their duties, is mandatory, and the duty of such regulation cannot be delegated to the board of supervisors.</p>