Board Supervisors of Erie County v. Jones

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: FINCH
• Citation: Supervisors of Erie Cnty. v. Jones, 119 N.Y. 339, 23 N.E. 742 (N.Y. 1890)
• Decision Date: 25 February 1890
• Parties: THE BOARD OF SUPERVISORS OF ERIE COUNTY, Respondent, v. HENRY R. JONES, Appellant.

119 N.Y. 339

23 N.E. 742

SUPERVISORS OF ERIE COUNTY

v.JONES.¹

Court of Appeals of New York.

Feb. 25, 1890.

Appeal from supreme court, general term, fifth department.

Geo. J. Sicard, for appellant.

Chas. F. Tabor, for respondent.

FINCH, J.

The current of legislation intended to change the compensation of county treasurers began with the act of 1877, c. 436. It found those officers, under the operation of existing laws, receiving for their services fees and commissions charged upon the tax-payers or payable out of the fund. The compensation thus obtained was very unequal in the different counties, and in many of them largely in excess of the real value of the services rendered. To remedy this defect, the act of 1877 was passed, which changed the compensation from fees and commissions to an annual salary, to be fixed by the board of supervisors at least six months before the officer's election, and which should not be increased or diminished during his term of office. Section 5. What was meant by the expression ‘as compensation’ was put beyond any doubt or question by a negative provision that he should ‘not receive to his use any interest, fees, or other compensation for his services, except in proceedings for the sale of lands for unpaid taxes.’ The phrase, ‘as compensation for his services,’ therefore, meant full and complete and entire compensation for all services beyond those specifically excepted. Two counties, Monroe and Seneca, by section 10, were withdrawn from the operation of the act. In 1880 (chapter 233) an amendment was passed further indicating the legislative intent. It provided that the fees and commissions allowed by law before the act of 1877 might still be collected by the county treasurer, but for the use of the county which paid him his salary, and not for his own use and benefit. Whatever he received from such sources was to go to the county, and his entire compensation to come from the county in the form of an annual salary. In that same year (chapter 580) a long list of counties was added to the two originally exempted from the operation of the act, and among these was the county of Erie. Apparently that exemption produced dissatisfaction, for in 1881 (chapter 411) the section which granted the exemption was amended by striking out the county of Erie, with an obvious intent to leave it under the operation of the act of 1877, as it was before, by the amendment of 1880, its exemption had been secured. Very likely these changes were the outcome of a struggle between the officers and the taxpayers, in which first one and then the other prevailed. But the act of 1881 had two defects. By its terms it was to take effect January 1, 1882, and it made no provision for an emergency which was approaching. A new treasurer was to be elected in November of 1881, and six months did not remain preceding that election so that the salary of the new official could be fixed the requisite length of time before his election, as provided by the act of 1877; and the amendment of 1881, not becoming effective until after the election of that year, might not apply to the new officer, and postpone the legislative purpose, until the end of his term. To remedy these defects, chapter 557 of the Laws of 1881 was passed. It was enacted at the same session of the legislature which restored Erie to the list of counties whose treasurers were made salaried officers, and within about a month later than the previous act. It became a law in June, taking effect immediately. It provided that...