Brookings County v. Murphy
South Dakota Supreme Court
Appeal from Circuit Court, Brookings County. ■ Hon. GborgR H. Maequis, Judge. Action by the County of Brookings against P. J. Murphy, as county auditor. Prom a judgment for defendant, plaintiff appeals. Where the Constitution provides that the legislature shall prescribe the salary or regulate, prescribe or fix the salary of public officers, • this function cannot be delegated to any other body or tribunal.
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Appeal from Circuit Court, Brookings County. ■ Hon. GborgR H. Maequis, Judge. Action by the County of Brookings against P. J. Murphy, as county auditor. Prom a judgment for defendant, plaintiff appeals. Where the Constitution provides that the legislature shall prescribe the salary or regulate, prescribe or fix the salary of public officers, • this function cannot be delegated to any other body or tribunal. Dogherty v. Ransom County, 63 N. W. 148; Dogherty Austin, supra, 16 D. R. A. 161; People v. Johnson, 31 Pac. 611; Rockwell v. Board, etc., 49 N. W. 690; Reynolds v. Board, etc., 59 Pac.…
1Opinion of the CourtSmith, J.
This appeal presents the question of the constitutionality of the second proviso of chapter 207, p. 272, Laws 1903, relating to the salaries of county auditors in counties of this state having a population of 12,000 or over. By chapter 207, p. 272, Laws 1903, section 894 of the Revised Political Code, passed at the same session of the legislative assembly, was amended to read as follows: “Sec. 894. Salaries — How Determined. The salaries of registers of deeds.and county auditors.shall be regulated by the value of the property in their respective counties as fixed by the state board of…
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- Eureka Consol. Min. Co. v. Richmond Min. Co.U.S. Circuit Court for the District of Nevada · 1877
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- The People Ex Rel. Sinkler v. . TerryNew York Court of Appeals · 1888
- Walker v. JamesonIndiana Supreme Court · 1894
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