State, ex rel. McCay v. Krost, Recorder of Lake County
| Decision Date | 27 November 1894 |
| Docket Number | 17,248 |
| Citation | 39 N.E. 46,140 Ind. 41 |
| Parties | The State, ex rel. McCay, v. Krost, Recorder of Lake County |
| Court | Indiana Supreme Court |
Petition for a Rehearing Overruled Feb. 8, 1895.
From the Lake Circuit Court.
The decree is reversed, with directions to grant the writ as prayed for by the relator, and for further proceedings in accordance with this opinion.
A. G Smith, Attorney-General, F. H. Blackledge, W. W. Thornton and J. B. Peterson, for appellant.
J Kopelke, for appellee.
The appellee was elected recorder of Lake county in the year 1892, and thereafter the appellant's relator demanded the recording of a mortgage and tendered as the fee therefor the sum of one dollar. Upon the refusal of the appellee to record said mortgage for less than one dollar and twenty-five cents, the appellant's relator sought and was denied the writ of mandamus to enforce his said demand.
No question is made as to the form of the petition, but the appellee insists that while the act of March 9, 1891 (Acts 1891, p. 424), provides that the fee for the service demanded is one dollar, said act is unconstitutional, and, therefore, he was entitled, under the law of 1875, R. S. 1881, section 5946, to one dollar and twenty-five cents.
The insistence is that the act in question violates sections 22 and 23, article 4 of the State Constitution, which provide against the passage of local or special laws "in relation to fees and salaries, except that the laws may be so made as to grade the compensation of officers in proportion to the population and the necessary services required," and providing that "in all cases, where a general law can be made applicable, all laws shall be general and of uniform operation throughout the State." Much of the discussion of counsel has been directed to the proposition that the failure of the Legislature to provide a salary for the recorder of Shelby county, while providing salaries for the recorders of the other ninety-one counties of the State, brought the enactment within the above constitutional inhibitions.
The real question at issue upon the record is one not of the salary, provided by the act of 1891, but concerns only the fee with which the appellant was properly chargeable for the recording of his mortgage, a question arising between the citizen who demanded the service and the officer whose duty it was to perform that service. The act of 1891 provided a salary for the appellee and required him to pay the receipts of his office into the county treasury to constitute a fund with which to pay that salary, but the question before us does not arise between the appellee and the treasurer as to the duty of paying the fees into the treasury nor as to drawing the salary therefrom, nor does it involve an inquiry as to the claims of the appellee or of his county to the fee for recording the relator's mortgage. Our investigation therefore, must be confined to the validity of the law so...
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Legler v. Paine
...In Henderson v. State, 137 Ind. 552, 36 N. E. 257, the law was held valid as to sheriffs. This holding was adhered to in State v. Krost, 140 Ind. 41, 39 N. E. 46; and the law was there also held valid as to fees which a recorder should charge for recording a mortgage. In State v. Boice, 140......
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Swartz v. Board of Commissioners of Lake County
... ... State, passed in 1895, ... entitled, "An act to establish a ... of legislative power in the appeal of Woods v ... McCay", 144 Ind. 316, 33 L. R. A. 97, 43 N.E. 269 ... \xC2" ... State, ex rel., v. Denny, 118 Ind. 449, 4 ... L. R. A. 65, 21 N.E. 274; ... R. A. 469, 36 N.E. 257; ... State, ex rel., v. Krost, 140 Ind. 41, 39 ... If the ... ...
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Legler v. Paine Board of Commissioners of Vanderburgh County
...39 N.E. 64, while the law was found defective in certain particulars, yet the rulings in Henderson, Aud., v. State, ex rel., and State, ex rel., v. Krost, were adhered to; and it was also expressly held that the of 1879 had been repealed, as well as that, under the act of 1891, an officer c......
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Swartz v. Bd. of Com'rs of Lake Cnty.
...Am. St. Rep. 411;State v. Gorby, 122 Ind. 17, 23 N. E. 678;Henderson v. State, 137 Ind. 552, 36 N. E. 257, 24 L. R. A. 469;State v. Krost, 140 Ind. 41, 39 N. E. 46. If the particular provision in section 5 in respect to the compensation of the sheriff and clerk was eliminated these official......