State v. Walker

• Decision Date: 04 February 1889
• Citation: 97 Mo. 162,10 S.W. 473
• Parties: STATE ex rel. McGRATH v. WALKER, State Auditor.
• Court: Missouri Supreme Court

10 S.W. 473

97 Mo. 162

STATE ex rel. McGRATH v. WALKER, State Auditor.

Supreme Court of Missouri.

February 4, 1889.

STATE AND STATE OFFICERS — SECRETARY OF STATE — COMPENSATION ON BOARD OF EQUALIZATION.

By Const. Mo. art. 5, § 24, the secretary of state shall receive for his services a salary to be established by law, and shall receive to his own use no fees or other compensation, but such fees shall be paid into the treasury. Article 10, § 18, provides

for a state board of equalization, consisting of the governor, secretary of state, and others. Held, that the secretary of state is entitled to receive the compensation provided by law for services as a member of the board of equalization.

Application for mandamus.

M. K. McGrath seeks by this proceeding against John Walker, state auditor, compensation for services as a member of the state board of equalization.

M. K. McGrath, relator, pro se. The Attorney General, for respondent.

SHERWOOD, J.

This, an original proceeding, is instituted by the relator to compel payment to him of a certain sum for services rendered by him as a member of the state board of equalization; he being secretary of state. It is admitted by respondent that an appropriation has been made, and that there is in the state treasury, and belonging to the proper fund, the necessary amount for the payment of such claims as that of relator; so that the only point presented in the present instance is whether relator is entitled to the relief he seeks, i. e., to compensation for the services it is admitted he has rendered.

Section 24 of article 5 of our state constitution is the following: "Sec. 24. The officers named in this article shall receive for their services a salary to be established by law, which shall not be increased or diminished during their official terms; and they shall not, after the expiration of the terms of those in office at the adoption of this constitution, receive to their own use any fees costs, perquisites of office, or other compensation. All fees that may hereafter be payable by law for any service performed by any officer provided for in this article shall be paid in advance into the state treasury."

Section 18 of article 10 of the same instrument provides that: "Sec. 18. There shall be a state board of equalization, consisting of the governor, state auditor, state treasurer, secretary of state, and attorney general. The duty of said board shall be to adjust and equalize the valuation of real and personal property among the several counties in the state, and it shall perform such other duties as are or may be prescribed by law."

It will thus be seen, from the provisions of the constitution just noted, that the state officers mentioned in section 24, supra, are not ex officio members of the state board of equalization; that is, their membership of that board is not the result of their holding certain state offices, but is the result of their appointment to such board by an independent and distinct provision of the constitution. 1 Burrill, Law Dict. tit. "Ex Officio." But for such...