Board of Commissioners v. Straub

The question for determination is whether a county sheriff is entitled to have his salary, which is fixed by the general assembly in a lump sum, paid only out of the aggregate amount of fees, commissions and emoluments earned and collected by him and turned into the county treasury, or from the general fund of the county, irrespective of such aggregate sum.

The case was submitted to the trial court upon an agreed statement of facts. The sheriff of Clear Creek county was elected in 1916. His annual salary by the statute then in force was fixed at §2,300, payable quarterly out of the fees,…