Campbell v. Board of Commissioners of Canyon County

• Decision Date: 30 November 1896
• Citation: 5 Idaho 53,46 P. 1022
• Parties: CAMPBELL v. BOARD OF COMMISSIONERS OF CANYON COUNTY
• Court: Idaho Supreme Court

46 P. 1022

5 Idaho 53

CAMPBELL v. BOARD OF COMMISSIONERS OF CANYON COUNTY

Supreme Court of Idaho

November 30, 1896

APPOINTMENT OF DEPUTY SHERIFF-COUNTY COMMISSIONERS MUST AUTHORIZE.-The sheriff cannot appoint a deputy unless empowered by the board of county commissioners so to do, and the said board must when so requested, determine the necessity therefor.

APPEAL from District Court, Canyon County.

Reversed.

John T Morrison, for Appellant.

Respondent is sheriff of Canyon county, Idaho. In April, 1895, he applied to the board of county commissioners of said county asking to be empowered to appoint a deputy for the sheriff's office at a salary of $ 100 per month. The commissioners refused to authorize the appointment, and respondent appealed to the district court. The appeal was heard upon notice of appeal, or complaint and a statement of facts, stipulated by the attorneys. The order of the commissioners was reversed and set aside, and the board directed to empower the sheriff to appoint a deputy. From this judgment the board of commissioners appeals to this court. That part of section 6, article 18 of the constitution, which is applicable in the discussion, and which will be helpful in arriving at a proper solution of the dispute, reads as follows: The sheriff, auditor and recorder, and clerk of district court, shall be empowered by the county commissioners to appoint such deputies and clerical assistance as the business of their offices may require; said deputies and clerical assistance to receive such compensation as may be fixed by the county commissioners. The commissioners having exercised their discretion, the court had no right to substitute its judgment for the judgment of the tribunal in which the discretion has been vested. (Dillon v. Whatcom County, 12 Wash. 391, 41 P. 174, and cases cited.)

W. E. Borah, for Respondent.

The unlimited power vested in the sheriff by virtue of the statute prior to the adoption of the constitution to appoint deputies and control the number and compensation is taken away by this provision of the constitution and made to depend upon the action of the board upon the proper showing being made. The provision of the constitution, however, does not confine the power exclusively to the board; in other words, the action of the board may be reviewed upon an appeal. (Meller v. County Commrs., 4 Idaho 44, 35 P. 712.) We contend therefore: 1. The amount provided by section 7, article 18, of the constitution as compensation for the sheriff, to wit, not more than four thousand dollars nor less than one thousand dollars, was designed to be and is according to the express provisions of the constitution, exclusively the compensation for the sheriff; that he is not expected or required, under any emergency or by any provision of the law, to pay any portion of this amount to deputies.

MORGAN, C. J. Huston and Sullivan, JJ., concur.

OPINION

MORGAN, C. J.

Section 1815 of the Revised Statutes of Idaho is as follows "Every county officer except probate judge, commissioner, school superintendent and coroner may appoint as many deputies as may be necessary for the faithful and prompt discharge of the duties of his office." This section of the statute evidently places the question as to whether one or more deputies are required to properly discharge the duties of his office wholly within the discretion of the officer making the appointment. Under this section the sheriff might, whenever he deemed there was a necessity therefor, appoint a deputy or deputies to assist him in the discharge of his duties. With this discretion, thus vested in the sheriff, neither the commissioners nor any other county officer could interfere in any manner. The constitution (article 18, section 6) has made a change with reference to this matter. The provision relating thereto is as follows: "The sheriff, auditor, recorder, and clerk of the district court shall be empowered by the county commissioners to appoint such deputies and clerical assistance as the business of their office may require; said deputies and clerical assistants to receive such compensation as may be fixed by the county commissioners." It would appear from this provision of the constitution that the sheriff has no power to appoint a deputy unless he is so authorized by the action of the board of county commissioners, and said board is to authorize him so to do when the business of the office may require. Clearly, this question of the appointment is by the constitution submitted entirely to the judgment of the county commissioners, and therefore, necessarily, the discretion heretofore exercised by the sheriff is taken away, and conferred upon the board. In determining the question of the necessity of deputies, the board of county commissioners acts in a semi-judicial capacity; that is, in determining whether the business of the office requires one or more deputies, they must gain information in regard to the amount of business transacted by this officer, and, in doing so, it will be necessary for them to receive evidence, either written or oral, or both, as to the amount of such...