State ex rel. Anderson v. Sullivan

• Court: Minnesota Supreme Court
• Writing for the Court: PER CURIAM.
• Citation: State ex rel. Anderson v. Sullivan, 72 Minn. 126, 75 N.W. 8 (Minn. 1898)
• Decision Date: 09 May 1898
• Docket Number: 11,084 - (234)
• Parties: STATE OF MINNESOTA ex rel. SAMUEL A. ANDERSON v. DENNIS M. SULLIVAN

75 N.W. 8

72 Minn. 126

STATE OF MINNESOTA ex rel. SAMUEL A. ANDERSON v. DENNIS M. SULLIVAN

Nos. 11,084 - (234)

Supreme Court of Minnesota

May 9, 1898

Original Opinion Filed April 29, 1898

On Application for Reargument.

SYLLABUS

Laws 1895, c. 301 -- Salaries of County Officers -- Constitution -- Title of Act -- Simard v. Sullivan, 71 Minn. 517, Followed.

Simard v. Sullivan, 71 Minn. 517, adhered to and followed; holding that the provisions of Laws 1895, c. 301, relating to county officers whose compensation is authorized to be increased, are invalid, because not expressed in the title of the act.

Laws 1895, c. 301 -- Invalid Provisions -- Effect on Whole Act.

The fact that the provisions as to the salaries of certain officers are invalid does not render the whole act invalid; there being no such dependency or connection between the compensation to be paid to different officers as would justify the courts in holding that the legislature would not have passed the act without the invalid provisions.

Laws 1895, c. 301 -- Special Legislation -- Classification of Counties by Population.

The basis of classification of counties by population is not repugnant to the constitutional prohibition of special legislation.

Laws 1895, c. 301 -- Uniformity of Operation of Act.

The fact that under the act the compensation attached to a particular office may not be fixed by the county commissioners at the same amount in all counties in the class does not render the act repugnant to the constitutional provisions that all such laws shall be uniform in their operation.

Laws 1895, c. 301 -- Provisions of Act Based on Existing Special Legislation.

The provisions of the act (unless it be those as to the number and aggregate compensation of clerks, employees, and assistants in the various county offices) are not subject to the objection that they are based on existing special legislation.

OPINION

PER CURIAM.

On Reargument

We see no good reason for granting a reargument, but the opinion handed down contains one or two statements which ought to be referred to, in order that they may not mislead hereafter.

In considering whether the act of 1895 was invalid in toto or only in part, we named the assessor as one of the officers as to whose salaries the provisions of the act were in and of themselves valid. This was done on the assumption that his salary continued, up to 1895, to be governed by the act of 1887, overlooking Sp. Laws 1891, c. 440, and its repeal by Laws 1893, c. 257, without...