Legal Opinion

State v. Roddle

South Dakota Supreme Court

Decided January 24, 1900PublishedCited by 11 opinions

Appeal from circuit court, Hughes county. Hon. Loring E. Gappy, Judge. Action by the State of South Dakota against William H. Roddle to recover certain moneys received by defendant, as a member of the brand and mark committee, while holding the office of secretary of state. Prom a judgmentfor defendant, the state appeals.

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Appeal from circuit court, Hughes county. Hon. Loring E. Gappy, Judge. Action by the State of South Dakota against William H. Roddle to recover certain moneys received by defendant, as a member of the brand and mark committee, while holding the office of secretary of state. Prom a judgmentfor defendant, the state appeals. The defendant while acting as secretary of state could not receive additional compensation for his own use for his services' on the brand and mark committee. The fees received for such services should be accounted for by him and paid into the state treasury. § 1 Chap. 89…

1Opinion of the CourtHaney, J.

The only question presented by this appeal is whether the defendant shall receive compensation for his services on the brand and mark committee, in addition to his salary as secretary of state. The state constitution provides that the powers and duties of the secretary of state shall be as prescribed by law, that he shall receive an annual salary of $1,800, *435and. that he shall receive no fees or perquisites whatever for the performance of any duties connected with his office. Const. Art. 4, § 13; Id. Art. 21, § 2. The act creating the state brand and mark committee requires the governor,…

2Cases cited3 opinions

  1. Love v. BaehrCalifornia Supreme Court · 1874
  2. State ex rel. Ayers v. KippSouth Dakota Supreme Court · 1898
  3. State v. SextonSouth Dakota Supreme Court · 1898

3Cited by11 opinions

  1. State ex rel. Josephs v. DouglassNevada Supreme Court · 1910
  2. State ex rel. Chatterton v. GrantWyoming Supreme Court · 1903
  3. State ex rel. Younger v. ClausenWashington Supreme Court · 1920
  4. County of Sargent v. SweetmanNorth Dakota Supreme Court · 1915
  5. State ex rel. McMaster v. ReevesSouth Dakota Supreme Court · 1921

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