Green v. County of Fresno
Before: Vanclief
Synopsis
County Government Act — Counties of Twenty-sixth Class — Fees of Constables — Constitutional Law — Compensation Proportioned to Duties. — Section 188 of the County Government Act, as amended March 16, 1889, determining what fees shall be allowed to constables in counties of the twenty-sixth class, is not repugnant to section 5 of article II. of the constitution, providing that the compensation must he regulated “ in proportion to duties.”
Id. —Matter of Fact — Province of Legislation. —What compensation of an officer should be deemed “ in proportion to his duties^” is a matter of fact to he ascertained and determined by the legislature, and not by the courts.
Id__Review of Action of Supervisors — Agreed Statement of Facts — Presumption — Excess of Limit.—In a proceeding in the superior court of Fresno County to review the action of the board of supervisors of that county in rejecting portions of each claim presented for constable’s fees, where the ease was submitted upon an agreed statement of facts, which did not show upon what ground they were rejected, the superior court was authorized to presume that they were rejected upon any ground not negatived by the statement, and that they were properly rejected because in excess of the fifteen-hundred-dollar limit fixed by section 188 of the County Government Act.
Id. — Effect of Agreed Statement — Restriction to Eacts Admitted. — Where a case is submitted under an agreed statement of facts, the consideration of the court is restricted to the facts admitted, and its judgment cannot be based upon any other facts which it may suppose one of the parties can establish.
Vanclief, C. This case was submitted to the trial court upon an agreed statement of facts substantially as follows: —
In May, 1891, the plaintiff presented to the board of supervisors of the county of Fresno, in due form, his [330]claim for official services as constable of township No. 1, rendered in criminal cases, and for money expended during the month of March of that year, amounting to $412.40. His claim was allowed for all items of money expended, amounting to $32.80, and for $125 for services, but was rejected as to the balance of $254.60, claimed for services.
In April, 1891, 0. W. Fraser, as constable of township No. 3 of that county, duly presented to the board of supervisors his claim for $332.90, for official services in criminal cases, rendered during the same month (March, 1891), which was allowed for $125, but rejected for the balance of $207.90.
The fees charged for services in each case were such as are allowed by law.
Neither plaintiff nor Fraser accepted the sum allowed him. Fraser assigned his entire claim to plaintiff, who, upon the stipulated facts, seeks to recover the full amount of both claims.
Prior to March 31, 1891, Fresno County was a county of the twenty-sixth class, according to the classification made by the County Government Act of March 14,1883; but by the revision of that act, approved March 31,1891, it became a county of the eighth class.
Since January 1, 1891, there have been fourteen constables in said county, nine of whom have not earned or presented claims for more than $,125 for any one month since January 1, 1891, on account of services in criminal cases, “but each of said nine constables has, during each of the months since January 1,1891, earned in such cases .... and presented claims for the same, various sums less than the $125 per month, all of which last-mentioned claims have been allowed and paid in full.»
The judgment was for defendant, and the plaintiff appeals therefrom upon the judgment roll, which wholly consists of the stipulated statement of facts and the judgment.
[331]
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