People ex rel. Atkinson v. Johnson

The question involved in this case is the validity of an ordinance of the board of supervisors of Santa Barbara County, made April .10, 1891, fixing the salaries of the constables of the various townships of the county for their services in criminal cases. In each of the townships 1, 3, and 8, the annual salary for such services was fixed at $24, in No. 2 at $480, and in each of the remaining townships specific sums, varying in amounts. This order was made pursuant to subdivision 14 of section 183 of “ an act to establish a uniform system of county and township governments,” approved March 13, 1891 (Laws 1891, p. 377), which subdivision reads as follows: “ 14. Constables, a salary to be fixed by the board of supervisors, and paid monthly out of the salary fund, as the salaries of the county officers are paid, such salary to be in full compensation for all services of any kind, nature, or description required of them by law in *473 criminal cases; and said constables shall be allowed to charge and receive for their own use such fees as are now or may hereafter be allowed by law for all services performed by them in civil cases. The .provisions of this subdivision shall take effect…