Daggett v. Ford County.
| Decision Date | 20 June 1881 |
| Citation | 99 Ill. 334,1881 WL 10548 |
| Parties | AUGUSTUS M. DAGGETTv.FORD COUNTY. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Appellate Court for the Third District;--heard in that court on appeal from the Circuit Court of Ford county; the Hon. FRANKLIN BLADES, Judge, presiding.
Messrs. KINNEAR & MOFFETT, for the appellant:
We maintain that the constitution only contemplates that the county board shall previously fix the compensation or salary of county officers, and that the amount necessary for clerk hire, etc., be audited and paid by the county as the same is ascertained and incurred during the term of the incumbent. Sec. 10, art. 10, of the constitution.
The officer will not get his compensation unless he is fortunate enough to collect fees sufficient for the purpose; but the payment of the necessary expenses of the office is not contingent upon the collection of a certain amount of fees. The officer is bound to pay all fees and allowances in excess of his compensation into the county treasury, and the county becomes liable for the necessary expenses of the office. See Rev. Stat. 1877, p. 492, sec. 15; and p. 496, sec. 19.
If the board fix a sum in advance, which proves to be greater than the actual and necessary expenses incurred, surely the county will not pay the excess; and conversely, if the amount fixed be inadequate, it ought to be liable to pay the deficit. It is mandatory on the board to provide for the necessary clerk hire and expenses.
The case of Kilgore v. The People, is not analogous to this. In that case, the compensation fixed included the clerk hire, etc., which is not so here. The following cases are referred to as giving a construction of the law: Wheelock v. The People, 84 Ill. 551; Cullom, etc. v. Dolloff, 94 Id. 330; Briscoe v. Clark County, 95 Id. 309.
The statute empowers this court to enter final judgment, and issue execution. Rev. Stat. 1877, p. 744, sec. 81; Constant v. Matteson, 22 Ill. 561; Hadlock v. Matteson, Id. 388; Grant v. Stevenson, 3 Gilm. 281; Halliday v. The People, 5 Id. 217; Gill v. Johnson, 1 Scam. 405; Rockwell v. Servant, 54 Ill. 251.
Mr. A. SAMPLE, for the appellee:
The language of the constitution (sec. 10, art. 10,) means, as I contend:
First--That an aggregate or fixed sum shall be named by the board for clerk hire, etc.
Second--That such aggregate sum, as to anything pertaining to that clause, shall be fixed at the same time.
Third--That the power and discretion to fix the amount are vested absolutely in the board of supervisors.
It is in evidence that the compensation, clerk hire, etc., was fixed before election. The law requires this to be done. One of the purposes evidently is to inform aspirants for the position just what amount will be allowed, and when the position or office is accepted with that knowledge, such fixing of the amount becomes a contract.
A person accepting a public office, with a fixed salary, is bound to perform the duties of the office for the salary. City of Decatur v. Vermilion, 77 Ill. 316.
It may be safely asserted, as a legal proposition, that fees or costs can not be allowed or recovered unless fixed by law. Smith, Exr. v. McLaughlin et al. 77 Ill. 598.
While it may be true that the board of supervisors can change the amount of clerk hire after it has once been fixed, it can only do so by fixing it at some other sum. That has not been done in this case, and consequently the plaintiff has no basis for a suit, as he can not recover upon a quantum meruit. Smith v. McLaughlin, 77 Ill. 598.
Daggett, clerk of the circuit court of Ford county, entered upon his duties as such December 4, 1876. Previous to his election, and at their September meeting, 1876, the board of supervisors of the county adopted a resolution fixing the salary of the clerk of the circuit court at $1500 per annum, clerk hire $600 per annum, and $150 for stationery, fuel, and other expenses.
At the December meeting, 1877, of the board, Daggett presented his annual report of the total earnings, receipts and disbursements of his office for the year ending December 1, 1877, showing the total earnings to be $5184.33; total receipts $4007.41. From these receipts was deducted, salary $1500; clerk hire $1319.80; coal $35, showing a balance due the county of $1222.61. The board declared this report to be correct, except as to the amount retained in excess of the clerk hire as fixed by the board, and ordered Daggett to pay over to the county treasurer such amount, being the sum of $719.80, which was accordingly paid over, and at the March term of the board, 1878, Daggett presented his account therefor against the county to be reimbursed the same, which claim was disallowed by the board of supervisors, and an appeal taken from the order of disallowance to the circuit court, which affirmed the order, as did also the Appellate Court on appeal to that court for the Third District, and the case is here on appeal from the latter court, the requisite certificate having been made.
The only question presented by this record is, whether a clerk of a circuit court can recover from the county, money actually expended by him for necessary clerk hire in excess of the amount allowed him by the county board, the amount claimed being within the limit of fees received.
Section 10, article 10, of the State constitution, provides:
This section of the constitution has, in several instances, been before this court, and received a construction in certain of its aspects.
In Kilgore v. The People, 76 Ill. 548, the county board fixed the compensation of the county treasurer at $700 per annum, to include fuel, stationery and clerk hire. It was held that the board might fix the compensation in that mode, not specifying a definite sum for the one or the other; that the treasurer's entire compensation was thus fixed in that case, and was limited to $700 per annum.
In Hughes v. The People, 82 Ill. 78, the county board fixed the compensation of the sheriff at $3000 per annum, and $2500 additional, for clerk hire. It was held that he could claim nothing beyond those amounts, and that all sums beyond were payable into the county treasury.
In Wheelock v. The People, 84 Ill. 551, it was said, that it was not the meaning of this section that the compensation to be fixed by the county board shall, in every instance, include all expenses of the office, but that it may or may not include such expenses; that the compensation of the officer may be fixed at a sum not exceeding the constitutional limit, and another sum designated for necessary clerk hire, etc.
In Cullom v. Dolloff, 94 Ill. 330, the clerk of the circuit court entered upon the duties of his office December 1, 1872. Prior to his election, and on September 12, 1872, the county board fixed the compensation of the circuit clerk at $2500 per annum, and also fixed the amount of his necessary clerk hire at $4000 per annum. It so remained until June 15, 1874, at which time the board passed a resolution, “that from the first day of July, 1874, this board will allow the circuit clerk only the necessary clerk hire of his office, in lieu of the $4000 per annum heretofore allowed.” In the action on the bond of the clerk, for fees retained, the court below allowed him $4000 each year for clerk...
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