Westerfield v. Riverside County
Westerfield v. Riverside County
Opinion of the Court
This action was brought to recover certain sums of money alleged to be due and owing from the defendant to the plaintiff for services rendered in criminal cases by himself and others, as constables and justices of the peace, the claims of the others having been duly assigned to him. It appears that a claim for each of the sums sought to be recovered had "been regularly and in proper form presented to the board of supervisors of the county for allowance, and had been passed upon and rejected by the board for the sole reason that the district attorney had not, in writing, approved the issuance of the warrants of arrest referred to in the claim, and under which the services were rendered. The ease was tried by the court without a jury, and judgment rendered in favor of the plaintiff, from which the defendant appeals on the judgment-roll.
We concur: Searls, C.; Haynes, C.
For the reasons given in the foregoing opinion the judgment is affirmed.
Reference
- Full Case Name
- WESTERFIELD v. RIVERSIDE COUNTY
- Status
- Published
- Syllabus
- Constitutional Law—Compensation of Justices and Constables. Act of March 28, 1895 (Stats. 1895, p. 267), “to establish the fees of county, township and other officers,” etc., in so far as it attempts to give the district attorney a supervisory control over fees of justices and constables in criminal eases, by providing that the boards of supervisors may reject all their bids in criminal cases in which he has not, in writing, approved the issuance of the warrant of arrest, conflicts with constitution, article 1, section 11, requiring all laws of a general nature to have a uniform operation. It is also' in conflict with constitution, article 11, section 5, providing that the legislature shall regulate the compensation of county and township officers in proportion to the duties they perform.