Randall v. Board of County Commissioners

The opinion of the court was delivered by

Smith, J. :

The plaintiff in error was probate judge of Butler county from January, 1897, until January, 1901. During that time the county had a population exceeding 21,000. He sued in the court below to recover from the county the sum of $1317.84, for .salary due him under the prohibitory liquor law. The section of the statute under which the claim is made reads: '

“The probate judge shall receive.no fees for his services under this act, except a salary of fifteen dollars per annum for each one thousand inhabitants in such county, the number to be…