Sage v. Commissioners of Vinton County
Sage v. Commissioners of Vinton County
Opinion of the Court
From -the finding of facts it is entirely dear that the claim of the auditor is not for any disbursement made by him, but solely for compensation for his services in furnishing blanks to assessors and instructing them in their duties. The claim for compensation is ■ made, notwithstanding the rule long established in this state, and recognized in the brief of counsel for the plaintiff, and in the several opinions of the judges of the circuit court who have reached different conclusions upon the question presented, that if a statute imposes a duty upon a public officer it is presumed to .be performed by him in consideration of the general emoluments of his office unless the legislature has clearly indicated the intention that compensation shall be paid for the performance of the duty so imposed. The view urged by counsel is, that the requirement of this rule is met by Section 1029, Revised Statutes (Bates’ Statutes of 1904), which provides that, “The auditor shall furnish the several assessors all blanks necessary for their use in the discharge of the duties enjoined on them, by law, and all reasonable charges therefor shall be allowed by the county commissioners, and paid out of the county treasury.” Certainly here is no express provision for the compensation of the auditor. The terms employed }n the...statute: do'not require more than the allowance by the commissioners of such reasonable sums
The obvious effect of these provisions is to prevent agreements between the auditor and commissioners as to the rate of any compensation which he is to receive, the legislature having itself by the sections referred to fixed the rates of all compensation which he is to be entitled to receive from the county treasury. In the' “foregoing
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.