Thom v. County of Los Angeles

[376]

COOPER, C.

This action was brought to recover for services performed by plaintiff’s assignors as members of the board of education of defendant. A demurrer to the complaint was interposed and sustained upon the ground that the complaint does not state facts sufficient to constitute a cause of action. Plaintiff declined to amend, and judgment was entered for defendant. This appeal is from the judgment. In sustaining the demurrer the court held that the provision of the Political Code fixing the compensation to be paid members of the county boards of education is unconstitutional. The provision is: “The board of supervisors shall allow each member of the county board of education a compensation of five dollars a day for his services. ...” (Pol. Code, sec. 1770, subd. 3.)

It was held in the court below that the above provision was in conflict with the provisions of section 5 of article XI of the constitution, which reads: “The legislature, by general and uniform laws, shall provide for the election or appointment, in the several counties, of boards of supervisors, sheriffs, county clerks, district attorneys, and such other county, township, and municipal officers as public convenience may require and shall prescribe their duties and fix their terms of office. It shall regulate the compensation of all such officers, in proportion to duties, and for this purpose may classify the counties by population.” The section does not mention members of the county boards of education as county officers, neither are they made county>officers by any. express provision of law to which our attention has been called. It is, however, not deemed necessary in this case to decide the question as to whether or not they are county officers. Conceding, but not deciding, that they are, the law fixing their compensation is in proportion to their duties, and does not contravene the above-quoted provision of the constitution. The legislature may classify for the purpose of regulating the compensation in proportion to duties, but if it can regulate the compensation of any one officer or class of officers in proportion to duties, making the measure and mode of compensation applicable to all classes, we see no reason why it may not do so. We know of no case in which the contrary has been held. The members of the board are to be paid five dollars per day each for his services. In