Foster v. Board of County Commissioners

The opinion of the court was delivered by

Dawson, J.:

This appeal is concerned with the validity of a provision of the emergency fee-and-salary act of 1933, which temporarily superseded the preexisting statute touching the sheriff’s per diem allowance for attending the county jail.

Plaintiff was elected sheriff of Harper county at the November election in 1932 and was inducted into office in January, 1933. At that time and for many years prior thereto the statute (Laws 1913, ch. 197, § 12, R. S. 28-110) contained a provision which read:

“The sheriffs of the several counties in the state shall…