King v. Riverland Levee Dist.
Decision Date | 05 January 1926 |
Docket Number | No. 19231.,19231. |
Citation | 279 S.W. 195 |
Parties | KING, Collector of Revenue, v. RIVERLAND LEVEE DIST. |
Court | Missouri Court of Appeals |
Appeal from Circuit Court, Pike County; Edgar B. Woolfolk, Judge.
Action by Tom M. King, Collector of Revenue of Pike County, against the Riverland Levee District. Judgment for plaintiff, and defendant appeals. Reversed.
J. W. Matson, of Louisiana, Mo., for appellant.
Ras Pearson, of Louisiana, Mo., for respondent.
This is a suit instituted by Tom M. King, collector of revenue of Pike county, Mo., to recover from the Riverland levee district, a corporation organized under article 9, c. 28, Revised Statutes of Missouri 1919, a commission of 2 per cent. on the sum turned over to defendant by the sheriff as the proceeds of sale on execution under a judgment obtained by said defendant upon delinquent levee tax bills. Plaintiff recovered below, and the defendant in due course appeals.
This case was tried and submitted upon the following agreed statement of facts:
It is no longer open to question but that compensation to a public officer is a matter of statute and not of contract, and that compensation exists, if it exists at all, solely as the creation of the law and then is incidental to the office. State ex rel. Evans v. Gordon, 245 Mo. 12 loc. cit. 27, 149 S. W. 638; Sanderson v. Pike County, 195 Mo. 598, 93 S. W. 942; State ex rel. Troll v. Brown, 146 Mo. 401, 47 S. W. 504. Furthermore, our Supreme Court has cited with approval the statement of the general rule to be found in State ex rel. Wedeking v. McCracken, 60 Mo. App. loc. cit. 656, to the effect that the rendition of services by a public officer is to be deemed gratuitous unless a compensation therefor is provided by statute, and that if by statute compensation is provided for in a particular mode or manner, then the officer is confined to that manner and is entitled to no other or further compensation, or to any different mode of securing the same. State ex rel. Evans v. Gordon, supra.
What, then, do our statutes provide, if anything, upon the question in issue here? It is conceded that "practically all the law" governing the rights of the collector to commissions on delinquent levee taxes so far as the instant case is concerned, is set forth in article 9, c. 28, Revised Statutes of Missouri 1919.
Said chapter 28, which is devoted exclusively to "Drains and Levees," comprises 11 articles. Article 1 thereof, which deals with the organization of drainage districts by circuit courts, provides by section 4426 that delinquent drainage taxes shall be certified by the secretary of the board of supervisors to the county treasurer as ex officio collector of delinquent taxes, who shall collect such delinquent drainage taxes at the same time and in the same manner as is herein provided for the collection of delinquent drainage taxes in counties not under the provisions of chapter 121, Revised Statutes of Missouri 1919; and further provides that the lien of such taxes shall be enforced, and suits to collect such delinquent taxes shall be instituted by the drainage district on tax bills duly made out and certified by the county treasurer as ex officio collector of delinquent taxes.
Article 2 provides for the organization of entire counties into drainage districts by the county court, such districts having the benefits of article 1.
Article 3 relates to drainage district organizations by county courts upon petition of a majority of the landowners therein, and the levying of a tax therefor, which shall be levied upon the lands within the district and that such tax shall be collected by the collector of the county in the same manner that the state and County taxes are now collected.
Article 4 provides for the construction and improvement of ditches, water courses, and levees by county courts by petition and the drainage taxes provided for therein, when they shall have become delinquent, shall be recovered by a suit "brought by the attorney for the drainage district in the name of, and to the use of, the collector of revenue, of the county wherein the land lies, against the land or other property on which such drainage tax has not been paid." Section 4496.
Article 5 deals with the drainage of swamp lands by county courts upon petition, without forming drainage districts, and provides that the tax levied under the provisions of this article shall be collected by the county collector and their collection enforced, "in the same manner as other taxes for general purposes, and shall be equally a lien on the land assessed until paid." Section 4548.
Article 6 provides for the drainage of lands by individuals for agricultural or sanitary purposes without forming such land into a district. In case the owners of the land benefited are unable to agree among themselves as to the manner of constructing the ditch or levee or laying the tile or letting the contract for the same, the county court shall have the power to let the work of construction out to the lowest bidder and apportion the cost to each tract or parcel of land in proportion to the benefits derived, and such costs shall become a lien thereon, which levy shall be enforced by suit, "brought on bills properly made out and certified to by the county clerk, such suit to be brought in the name of the state at the relation of the interested party or parties in any court of competent jurisdiction." Section 4567.
Article 7 provides for fees for services rendered in organizing drainage and levee districts. Section 4575 thereof provides that county and township collectors for collecting county taxes for drainage and levee districts shall receive 1 per cent. of all such taxes collected, and for the collection of delinquent taxes for such districts they shall receive 2 per cent. of the sum collected.
Article 8 deals with the organization of sanitary drainage districts by cities of 300,000 inhabitants and counties adjoining same, and it is therein provided that in such cities sanitary drainage districts may be established, and special taxes are provided therein to provide means to carry into effect the objects for which such sanitary district is formed. It is therein further provided that such special taxes "shall be collected and enforced by the same officers and in...
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