Pennie v. Reis

California Supreme Court Sep 2, 1889 No. No. 13198Published

Before: McFarland

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Holding. The court held that a police officer has no vested property right in a statutory death benefit prior to the occurrence of the contingency of death, and therefore the legislature may repeal such a benefit without violating constitutional due process protections.

Issues

Whether a police officer has a vested property right in a statutory death benefit prior to death.
Whether the act of March 4, 1889, repealed the act of April 1, 1878, by necessary implication.

Disposition. dismissed

Quotations verified verbatim against the opinion

“He had a mere expectancy which could have none of the elements of a vested right until the contingency contemplated by the statute had happened; but when that event came there was no statute which gave it any significance.”

“A public officer, at least one whose term and compensation are not prescribed by the constitution, has no contract by which he can have or hold either his office or his salary against the legislative will.”

Synopsis

San Francisco — Police Lire and Health Insurance Fund—Repeal or Statute—Merger op Fund — Constitutional Law. —The act of April 1, 1878, creating a police life and health insurance fund out of part of the monthly salaries of police-officers in the city and county of San Francisco, was repealed by the act of March 4, 1889, creating a police relief, health, and life insurance and pension fund, and merging the former fund in the latter, and such repeal and merger was constitutional and valid as against the legal representatives of a member of the police force whose salary was in part detained under the former act, ■ but who did not die until after the passage of the latter act.

Id.—Due Process os Law—Vested Rights — Salary or Orpioeb.— Such repeal and merger did not deprive the police-officer of any property without due process of law, or impair any vested right. A public officer whose term and compensation are not fixed by the constitution has no contract by which he can hold his office or salary against the legislative will, and a repealing statute destroying a mere expectancy under a former statute, depending upon the contingency of the death of such officer, does not affect a vested right, if the death does not occur before the statute is repealed.

Id. — Repeal op Statute by Implication. — A repeal of a former statute by necessary implication takes place whenever it becomes apparent by subsequent legislation that the legislature does not intend the former act to remain in force, or the acts are so inconsistent that both cannot stand together.

Id.— Title op Act — Special Commission—Extra Compensation to Public Ofpicer.—The act of March 4, 1889, is sufficient as to its title; does not create “a special commission ” within the prohibition of section 13 of article 11 of the state constitution; nor does it grant an extra compensation to any public officer, or make to him any gift of public money; but is in all respects valid and effective.

McFarland, J. This is a petition for a writ of mandate to compel the treasurer of the police life and health insurance fund of the city and county of San Francisco to pay petitioner, as administrator of Edward A. Ward, deceased, the sum of one thousand dollars.

On April 1, 1878, an act of the legislature was ¿p-proved in relation to the police force of the city and county of San Francisco. It provided (section 2), among other things, that the compensation of police-.officers “shall not exceed” $102 per month, and that the treasurer “ shall retain from the pay of each police-officer the sum of $2 per month, to be paid into a fund to be known as the police life and health insurance fund, which shall be administered as is provided in sections 9 to 13,inclusive, of this act.” These last-named sections provide, generally, that the mayor, auditor, and treasurer of the city and county shall constitute the police life and health insurance board; that such board shall invest the moneys of the fund in certain securities, and that upon the death of a member of the police force there shall be paid to his legal representatives by said treasurer the sum of one thousand dollars.

The said deceased, Edward A. Ward, was a member of said police force at and before the time of the passage of said act of April 1,1878, and continued to be a member of said force until the time of his death, which occurred March 13, 1889.

But before his death there went into effect an act -of the legislature, approved March 4, 1889, entitled “ An [268]act to create a police relief, health, and life insurance and pension fund in the several counties, cities and counties, cities, and towns of the state.” This act is very comprehensive and has many details. It provides, generally, for a police relief and pension fund, and for a board to manage it; for pensions to persons over sixty years old who have been in the service for a certain period, and to those who become disabled in the performance of their duties, and to the widows or children of those who lose their lives in the performance of such duties; for the payment of a certain sum of money to the widows or children of those who die from natural causes after they have served ten years, and for other benefits to members of the police force not necessary to be here mentioned. Section 13 of the act provides that “any police life and health insurance fund, or any fund provided by law, heretofore existing in any county, city and county, city, or town, for the relief or pensioning of police-officers, or their life or health insurance, or for the payment of a sum of money on their death, shall be merged with, paid into, and constitute a part of the fund created under the provisions of this act.” Section 15 provides that all “all acts or parts of acts in conflict with the provisions of this act are hereby repealed.” Under this act the respondent refuses to pay the money demanded by the administrator of the said Ward, deceased.

Pennie v. Reis

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