Legal Opinion

Woodward v. Board of Commissioners

Idaho Supreme Court

Decided November 20, 1897PublishedCited by 2 opinions

APPEAL from District Court, Idaho County. The constitution of the state, section 6 of article 18, provides what county officers may be elected or appointed; section 7 provides what compensation such officers may receive, and section 8 provides that such compensation shall be paid by fees or commissions, or both, except in the event of the fees and commissions falling below the minimum compensation provided by law.

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APPEAL from District Court, Idaho County. The constitution of the state, section 6 of article 18, provides what county officers may be elected or appointed; section 7 provides what compensation such officers may receive, and section 8 provides that such compensation shall be paid by fees or commissions, or both, except in the event of the fees and commissions falling below the minimum compensation provided by law. (Metier v. Board of Comrnrs., 4 Idaho, 44, 35 Pac. 712; Bakin v. Nez Perees County, 4 Idaho, l3l, 36 Pac. 702; Hillard v. Shoshone County, 3 Idaho, 103, 27 Pac. 678; Ada County v.…

1Opinion of the CourtSullivan, C. J.

This is an appeal from an order of the board of commissioners of Idaho county allowing A. W. Talk-ington, clerk of the district court, $240, quarterly • salary for a deputy clerk. The appeal was taken to the district court, and the action of the board was sustained. Thereupon an appeal was taken to this court.

It was contended that said allowance for a deputy clerk was illegal: 1. Because any allowance in excess of the fees earned by the office is unauthorized by the constitution or any law of the state; 2. Because the necessity for the employment of a deputy clerk had not theretofore been…

2Cases cited5 opinions

  1. Meller v. Board of CommissionersIdaho Supreme Court · 1894
  2. Hillard v. Shoshone CountyIdaho Supreme Court · 1891
  3. Eakin v. Nez Perces CountyIdaho Supreme Court · 1894
  4. County of Ada v. RyalsIdaho Supreme Court · 1895
  5. Hillard v. Auditor of Shoshone CountyIdaho Supreme Court · 1891

3Cited by2 opinions

  1. Clayton v. BarnesIdaho Supreme Court · 1932
  2. Williams v. Board of County CommissionersIdaho Supreme Court · 1929

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