Cox v. Holmes

• Decision Date: 11 March 1896
• Citation: Cox v. Holmes, 14 Wash. 255, 44 P. 262 (Wash. 1896)
• Parties: COX, COUNTY SUPERINTENDENT, v. HOLMES ET AL.
• Court: Washington Supreme Court

44 P. 262

14 Wash. 255

COX, COUNTY SUPERINTENDENT, v. HOLMES ET AL.

Supreme Court of Washington

March 11, 1896

Appeal from superior court, Pierce county; W. H. Pritchard, Judge.

Action by H. R. Cox, county superintendent, against C. H. Holmes, E R. Rogers, and W. L. Bartholomew, county commissioners of Pierce county, to recover certain compensation as superintendent of schools. From a judgment in favor of defendants, plaintiff appeals. Affirmed.

Snell &amp Bedford, for appellant.

Coiner & Shackleford, for respondents.

GORDON J.

The appellant is, and for some years past has been, county superintendent of schools for Pierce county. He is seeking to recover, under section 17 of the common school act (Laws 1890, c. 12, p. 361), compensation at the rate of "three dollars for each school visited, and mileage at the rate of ten cents per mile for each mile actually and necessarily traveled in making such visits," in addition to his salary, as fixed by chapter 10 of the Laws of 1890 (page 302). The lower court held that he might recover mileage, but that the provision for the allowance of three dollars per visit was and is unconstitutional, and rendered judgment accordingly. From the judgment so rendered, the superintendent has appealed; and, as the case "involves the legality of a statute," it is appealable, under section 4, art. 4, of the constitution. Section 8, art. 11, of the constitution provides that "the legislature shall fix the compensation by salaries of all county officers, *** except that public administrators, surveyors and coroners may or may not be salaried officers." At the first session of the legislature after the adoption of the constitution, an act was passed entitled "An act classifying the counties according to population, enumerating the county officers fixing the salaries thereof," etc. Laws 1890, p. 302. Under that act, the appellant's salary as such county superintendent was and is fixed at $1,600 per year. We think that the system which the framers of the constitution intended to provide by section 8, supra, was that of "fixed" and established "compensation by time" ( State v. Barnes [Fla.] 3 South. 433) as distinguished from the system of specific fees for specific services which had theretofore prevailed; and, although the word "salary" is sometimes used to denote compensation paid for a particular service, it was used in the constitution to mean "a payment dependent on...