Clay County v. Ruff

• Decision Date: 03 February 1936
• Docket Number: 4-4133
• Citation: Clay County v. Ruff, 90 S.W.2d 474, 192 Ark. 150 (Ark. 1936)
• Parties: CLAY COUNTY v. RUFF
• Court: Arkansas Supreme Court

90 S.W.2d 474

192 Ark. 150

CLAY COUNTY v. RUFF

4-4133

Supreme Court of Arkansas

February 3, 1936

Appeal from Clay Circuit Court, Western District; G. E. Keck, Judge reversed.

Action by R. R. Ruff against Clay County.Judgment for plaintiff from which the county appeals.

Judgment reversed and cause dismissed.

Arthur Sneed, for appellant.

J L. Taylor and F. G.Taylor, for appellee.

OPINION

MEHAFFY, J.

Appellee filed his claim against Clay County for the sum of $ 150, which he claimed was due him as his salary as deputy sheriff for the months of January, February and March of the year 1935, basing his claim on § 3 of act 189 of the Special Acts of the General Assembly of the State of Arkansas for the year 1919.His claim was disallowed by the county court, and he appealed to the circuit court where the case was tried and judgment entered in favor of appellee, the court holding that he was entitled to the salary under the special act above named.

Section 3 of act 189, supra, reads as follows: "The sheriff and ex-officio collector shall receive an annual salary in the sum of $ 3,000 for his services as collector, and all delinquent fees, and as sheriff, shall receive all fees as now provided by law for sheriffs.

"The deputy sheriff in the western district shall receive for his services an annual salary for such, the sum of $ 600 per year and all fees as now provided by law."

At the general election November 6, 1934, the electors of Clay County adopted initiated act No. 1, § 5 of which reads as follows: "The sheriff and ex-officio collector shall receive as compensation the sum of $ 2,500 per year, and in addition thereto all his fees, commissions, and other compensations now allowed by law which belong to the sheriff's office, and in addition thereto one-half of the penalties and fees attached for the collecting of delinquent personal property taxes, and shall receive no other or further compensation, emoluments, or perquisites, either directly or indirectly for services rendered as such sheriff and ex-officio tax collector.

"Said sheriff and ex-officio tax collector, may employ deputies at such salaries as he may fix and agree upon, the deputies to be paid by the sheriff out of the salary and fees allowed to him for his services.

"The sheriff shall have charge of the county jail and may appoint a jailer who shall also be ex-officio deputy sheriff, and for whose conduct the sheriff shall be responsible as now provided by law.

"The county shall furnish the jail and equipment and keep the same in repair, and shall also furnish all bedding, clothing, medicine and medical attention necessary for the proper care of prisoners, but nothing more.

"For feeding and keeping prisoners confined in the jail, said sheriff shall receive $ 1 each day, payable as now provided by law.

"Such portion of the collector's salary and expenses as is due from the State and other State agencies shall be paid into the county treasury, to the credit of the county general fund and shall be used only for the purpose intended.

"The sheriff, as ex-officio tax collector, shall execute a 'surety bond' to cover the first $ 40,000 of liability for and on account of his or her official acts with some surety and bonding company authorized to transact such business in this State as surety thereon, and, in that event, said collector may file claim for premium paid on such surety bond, and the same shall be allowed and paid as an expense to said office."

The initiated act of Clay County covers the whole subject of county officers and their salaries....