Bd. of Com'Rs of Beaver Cnty. v. Culwell

• Decision Date: 24 March 1914
• Docket Number: Case Number: 3616
• Citation: 1914 OK 136,41 Okla. 712,139 P. 979
• Parties: BOARD OF COM'RS OF BEAVER COUNTY v. CULWELL et al.
• Court: Oklahoma Supreme Court

1914 OK 136

139 P. 979

41 Okla. 712

BOARD OF COM'RS OF BEAVER COUNTY v. CULWELL et al.

Case Number: 3616

Supreme Court of Oklahoma

Decided: March 24, 1914

Syllabus

¶0 OFFICERS--County Judge--Salary--Increase. Beaver county having a population of more than 10,000 and less than 15,000, the salary of the county judge elected for the term commencing November 16, 1907, and "ending on the day next preceding the second Monday in January, 1911" (sec. 11, art. 7, Williams' Const. Okla.), was fixed at $ 1,200 per annum (sec. 11, c. 15, Sess. Laws 1897, and section 18, article 25, Williams' Ann. Const. Okla.), and such judge could not claim an increase of salary under the act of June 4, 1908 (Sess. Laws 1907-08, c. 27, art. 3, sec. 1), on account of the constitutional provision (section 10, article 23) forbidding the increase of salary "during the term of his office," and for the further reason that it appears from the act of June 4, 1908, that it was not intended for the benefit of "present incumbents," and does not bring him within the limitation "until otherwise provided by law," set out in section 18 of article 25, Williams' Ann. Const. of Okla.

Error from District Court, Beaver County; Theodore Pruett, Special Judge.

Action by the Board of County Commissioners of Beaver County against J. W. Culwell and others. Judgment for the plaintiff, and plaintiff brings error. Reversed and rendered.

John A. Spohn and Phillip E. Winter, for plaintiff in error

GALBRAITH, C.

¶1 This action was commenced in the district court of Beaver county against J. W. Culwell, who was county judge of said county from November 16, 1907, to June 19, 1909, and the sureties on his official bond, to recover a balance which it was alleged he had retained from the fees of his office over and above the amount due him as salary. There was a trial by agreement before the court, and a judgment rendered for the county in the sum of $ 152.12. To reverse this judgment, the county has perfected an appeal to this court.

¶2 There is but one question presented on this appeal, and that is whether or not the act of the Legislature of June 4, 1908, which provided for an increase of the salary of county judges in the state, authorized the defendant Culwell to claim the increased salary allowed by this act after its passage; or did his salary remain as fixed by the laws of Oklahoma at the time of his qualification? The finding is that Culwell collected as fees from the office, between November 16, 1907, and June 19, 1909, the total sum of $ 3,424.98; that he paid into the county treasury $ 548.86, and paid out for clerk hire $ 501.50, and retained the balance of $ 2,374.62 as his salary. It is also found that the receipts of said office between November 16, 1907, and June 19, 1909, did not exceed $ 1,200 per annum, and that the population of the county was more than 10,000 and less than 15,000. The court found, as a conclusion of law, that Culwell was entitled to $ 1,200 per annum salary for the period between November 16, 1907, and June 4, 1908, and $ 1,500 per annum from June 4, 1908, to June 19, 1909, and could retain the amount of his salary out of the earnings of his office, and that the total salary due him from November 16, 1907, to June 19, 1909, was $ 2,222.50, and rendered judgment against the defendant and his sureties for the difference between this amount and the total amount of the receipts, being about $ 152.12.

¶3 The defendant Culwell was elected county judge of Beaver county for a term commencing November 16, 1907, and ending "at the close of the day next preceding the second Monday in January, 1911." Section 11, art. 7, Williams' Ann. Const. Okla.

¶4 Section 10, art. 23, of Williams' Ann. Const. Okla. reads:

"Except wherein otherwise provided in this Constitution, in no case shall the salary or emoluments of any public official be changed after his election or appointment, or during his term of office, unless by operation of law enacted prior to such election or appointment; nor shall the term of any public official be extended beyond the period for which he was elected or appointed: Provided, that all officials within this state shall continue to perform the duties of their offices until their successors shall be duly qualified."

¶5 The salary of the...