Payne v. Murphy
Before: James
Synopsis
Power of Legislature to Classify Counties—Limited Purpose.—The power conferred upon the legislature by section 5 of article XI of the state constitution to classify counties by population is held to be a power to be exercised for the limited purpose of enabling the compensation of the various officers to be fixed and adjusted.
Id.—Class of Single County—Amendment of Code—Creation of County Office of Stenographer—Proviso—Void Special and Local Legislation.—The amendment of 1911 to section 4256 of the Political Code, relative to the compensation of officers in counties of the twenty-seventh class, which comprises the county of San Luis Obispo alone, adding a special proviso to section 13 thereof, fixing the compensation of justices of the peace, that in eoum ties of this class a stenographer shall be appointed by the judge of the superior court, with the duties to report the proceedings at preliminary examinations and coroner’s inquests, at a salary of $100 per month, to be paid out of the county treasury, in the same manner and at the same time as other salaries are paid, is not only out of place, as such proviso, but is also unconstitutional and void, as creating a special and local county office, and prescribing the special and local powers and duties of an officer, in violation of subdivision 28 of article IV of the state constitution.
JAMES, J.
In the year 1911 the legislature enacted certain amendments to section 4256 of the Political Code relating to the compensation of officers in counties of the twenty-seventh class. San Luis Obispo was the only county in the state affected by that legislation. Subdivision 13 of the section mentioned was amended to read as follows:
“Justices of the peace, such fees as are now or may be hereafter allowed by law;
provided, however,
that in counties of this class a stenographer shall be appointed by the judge of the superior court in and for such counties, to hold office at the pleasure of said judge, whose duty it shall be to report and transcribe the testimony and proceedings in all preliminary examinations in all of the justices’ courts in and for each and every township in said counties, as provided by section 869 of the Penal Code; and whose further duty it shall be to report the testimony and proceedings in all inquests held by the coroner and transcribe the same into longhand and file a certified copy thereof with the county clerk. Such stenographer shall receive as compensation for his services the sum of $100 per month to be paid in the same manner and at- the same time as the salaries of other officers are paid;
[448]
and for all transcripts made as required herein he shall receive the same fees now allowed to phonographic reporters by section 274 of the Code of Civil Procedure; he shall also be allowed his necessary traveling expenses while engaged in the performance of his duties.” (Stats. 1911, p. 1165.)
The provisions of this subdivision, wherein it was provided that a stenographer should be appointed by the judge of the superior court, were added by the amendment. Acting under the authority assumed to be given by the amendment, on the 13th of May, 1911, the superior judge of the county of San Luis Obispo appointed appellant herein as stenographer to fill the office so created. Under this appointment, the stenographer proceeded to perform the duties of his office until the sixth day of June, 1911, when he demanded that the auditor deliver to him a warrant for the sum of $58 in pay•ment of his salary for that portion of the preceding month during which he had served. The auditor refused to draw such warrant, and this proceeding of
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