Welsh v. Bramlet

Citations

• 98 Cal. 219
• 33 P. 66
• 1893 Cal. LEXIS 893

Syllabus

<p>Constitutional Law—Increase of Compensation cubing Term of Office— County Government Act — Compensation of Assistant District Attorneys-—Belief of District Attorneys. — Subdivisions 21 and 23 of section 170 of the County Government Act of 1891, providing that the compensation of the assistants of district attorneys of counties of the eighth class shall be paid by the county, in so far as they purport to relieve the district attorneys of any such counties, who were elected prior to the passage of that act, and whose term of office had not expired at the time of its passage, from the payment of their own assistants, as required by the County Government Act of 1839, is in conflict with section 9 of article XI. of the constitution prohibiting an increase of the compensation of any county or municipal officer after his election, or during his term of office.</p> <p>Id. —Special Legislation as to District Attorneys in Counties of One Class. —Section 170 of the County Government Act, as amended in 1891, by which counties of the eighth class alone are segregated from the others, and authority conferred upon the district attorney therein, which is not granted to that officer in other counties, renders the act to that extent local and special, in violation of the provisions of the constitution.</p> <p>Id. — Construction of Constitution—Uniform System of County Governments. —Under section 4 of article XI. of the constitution, the “ system ” or plan for the government of the several counties of the state is required to be uniform, so that its several parts shall be applicable to each county.</p> <p>Id. — Mandatory Provision—Uniform Legislation as to County Officers._ Section 5 of article XI. of the constitution, directing that “the legislature by general and uniform laws shall provide for the election or appointment in the several counties” of “such county, township, and municipal officers as public convenience may require, and shall prescribe their duties, and fix their ter