Groves v. Board of Com'rs of Lake County

Decision Date08 January 1936
Docket Number26387
Citation199 N.E. 137,209 Ind. 371
PartiesGROVES v. BOARD OF COM'RS OF LAKE COUNTY
CourtIndiana Supreme Court

Appeal from Lake Circuit Court; T. Joseph Sullivan, Judge.

1. STATUTES---General and Special or Local Laws---Classification by Population---Validity.---County salary act limited in application to counties having a population between 250,000 and 400,000 and having three or more cities of 50,000 population or more, held not invalid as being a local or special law because at time of its enactment only one county qualified under the three city limitation. p. 375.

2. EVIDENCE---Judicial Notice---Federal Census Reports.---The court takes judicial knowledge of the Federal Census of the population of the cities and counties in the state. p. 376.

3. STATUTES---General and Special or Local Laws---Classification by Population---"Last United States Census."---Classification of cities and counties according to population as shown by the "last United States census," held to include all cities and counties which may come within the classification under a future census and therefore is general in application and not local or special. p. 376.

4. STATUTES---General and Special or Local Laws---Classification by Population---Reasonable Distinction Required.---The legislature may make reasonable and proper classifications based upon population, but the classification must be based upon some justifiable distinction when considered in the light of the purposes and objects to be attained. p. 376.

5. STATUTES---General and Special or Local Laws---Classification by Population---Review by Courts.---Courts are not concerned with the motives or reasons of the legislature for its particular classification of counties by population, but merely with the application of the law, it being considered general if its provisions are broad enough and are germane to the government of counties falling within its terms. p. 377.

6. COUNTIES---Officers---Salaries---Classification of Counties---Validity.---Statute fixing salaries of county officials in counties within named population limits, held a "fee and salary law," and, hence, not violative of constitutional provisions regarding county and township business or the election of county and township officers. p 377.

7. STATUTES---General and Special or Local Laws---Fee and Salary Laws---Legislative Discretion.---The legislature may enact special or local laws for the purpose of fixing salaries of local officers according to services rendered, or according to both population and services, and, unless grossly abused the courts are not concerned with the exercise of discretion in such classification. p. 377.

8. STATUTES---General and Special or Local Laws---Fee and Salary Laws---Classification.---A classification of counties, for the purpose of fixing salaries of county officers, which fixed a classification of counties having three or more cities of 50,000 population or more and a circuit court with jurisdiction co-extensive with the county, held not unrelated to the services required of officers, and hence not an unreasonable classification for salaries p. 378.

9. STATUTES---General and Special or Local Laws---Constitutional Provisions.---Constitutional provision that "where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the state" means that the law shall operate in all parts of the state in a similar manner, under the same circumstances and conditions. p. 379.

10. STATUTES---Construction---Constitutionality---When Validity in Doubt.---So long as the court is in doubt as to the constitutionality of a statute, it should be held valid. p 379.

11. COUNTIES---County Officers---Salaries---Classification of Counties For.---Acts 1931, chapter 47, fixing salaries of county officers in counties having population between 250,000 and 400,000 and having three or more cities of 50,000 population or more, held constitutional. p. 380.

12. COUNTIES---County Officers---Treasurer---Fees and Commissions.---Acts 1931, chapter 47, fixing salary of county treasurers and providing that all fees and commissions be turned into the general fund, held to deprive county treasurers of the right to fees and commissions received on delinquent tax collections. p. 381.

13. STATUTES---Construction---Words and Phrases---"Each."---In county salary statute fixing salaries in counties "having three or more cities, each with a population of 50,000 or more," means that there must be at least three cities with 50,000 population each; not that every city in the county must have a population of 50,000 or more. p. 381.

Action by Hazel K. Groves against The Board of Commissioners of Lake County. From a judgment for defendant, plaintiff appealed. Affirmed.

Appeal from Lake Circuit Court; T. Joseph Sullivan, Judge.

Draper & Draper, of Gary, for appellant.

Geo. E. Hershman, of Crown Point, for appellee.

OPINION

TREMAIN, Judge.

The appellant, as treasurer of Lake county, filed an action against the board of commissioners of said county, pursuant to section 119 of chapter 145 of the Acts of the General Assembly of the state of Indiana for the year 1895, as amended by chapter 113, pp. 171-173, inclusive, of the Acts of the General Assembly for the year 1897, to recover from the county a 6 per cent. commission upon all delinquent taxes collected from the first day of July, 1931, to the 31st day of December of the same year. Pursuant to said statute, appellant claimed said commission as his own, and in addition to the regular salary of such county treasurer. It appears from the complaint that appellant's term of office expired December 31, 1931, and that he had received a commission of 6 per cent. upon delinquent taxes collected by him prior to July 1, 1931.

The appellee demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action, and assigned as specific ground for demurrer that the statute relied upon by appellant did not apply to the office, salary, or commission of such treasurer; that said statute was repealed by section 12 of chapter 47 of the Acts of the General Assembly of 1931, which became effective July 1, 1931; that section 2 of said chapter 47 provided that the treasurer in the county or counties to which said act applied should receive an annual salary of $ 8,000, the same to be in full for all services rendered, and no other compensation, penalties, emoluments, interest, costs, expenses, fines, forfeiture, or fees of any nature whatsoever should be retained by the treasurer as his property, but the same should be paid into the general fund of the county.

The demurrer to the complaint was sustained. Appellant refused to plead over and elected to stand upon his exceptions to the ruling of the court. Judgment was rendered against him, and he appealed to this court.

Appellant contends that chapter 47 of the Acts of 1931 does not repeal the law authorizing the 6 per cent. commission for the reason that the 1931 act violates clauses (10), (11), and (14) of section 22, art. 4, of the Constitution, and that it also violates section 23 of the same article. Appellant further says that if the 1931 act is valid, it does not deprive him of the 6 per cent. commission and does not apply to Lake county. He argues that said section is local and special; that it tends to set up a classification which is unnatural, artificial, whimsical, and not based upon population or necessary services required.

Section 1 of chapter 47 of the Acts of 1931 provides: 'That in counties having a population of not less than 250,000 nor more than 400,000, and having three or more cities, each with a population of 50,000 or more, according to the last preceding census of the United States, and in judicial circuits co-extensive with such counties, the following named sums, each to be paid from the county treasury * * * shall be the salaries of the respective officers named herein.' Then follows a list of the county officers with salaries named. The salary of the county treasurer is fixed at $ 8,000 per annum. Section 2 of the act provides that the salaries named in section 1 shall be in full for all services and that no other compensation or fees of any nature shall be retained by such officers. Sections 7 and 8 provide that all such fees, interest, penalties, etc., shall be paid into the general fund of the county. Section 10 provides that it shall be unlawful for any officer to retain such fees, etc. Section 12 repeals all laws or parts of laws in conflict therewith, and section 16 provides that the act shall be in full force and effect on and after the first day of July, 1931.

Upon the question of the authority of the General Assembly to make classifications generally, not only upon the question of fees and salaries, but upon the general question of classification for legislative purposes, the line of demarcation made by the decisions of this court upon that subject -- classification according to population -- is narrow. One line holds the statutes to be unconstitutional where the law is made to apply to units of small difference in population. This line of decisions may be illustrated by the case of School City of Rushville v. Hayes (1904) 162 Ind. 193, 70 N.E. 134. The statute in that particular case was made to apply to cities having a population between 4,540 and 4,545, and was held unconstitutional as being local and special. On the other hand, there are many statutes based upon a wider spread of population which are held valid.

Chapter 47 of the Acts of 1931 fixes the compensation of certain public officers in counties having a population of not less than 250,000 nor more than 400,000, and having three or more cities, each...

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