Opinion
File No. 8547.
Opinion filed August 29, 1942.
Officers.
The statute purporting to increase the salary of county officials is unconstitutional so far as it purports to increase the salary of a county official during the term which he is serving when the statute became effective. Laws 1941, c. 32.
Appeal from Circuit Court, Hutchinson County; Hon. A.B. Beck, Judge.
Action by E. Schamber against Hutchinson County, South Dakota, upon a claim for unpaid salary allegedly due plaintiff as a county auditor. From an adverse judgment, plaintiff appeals.
Affirmed.
Alan Bogue, of Parker, and Everett A. Bogue, of Vermillion, for Appellant.
William Schenk, State's Atty., of Tripp, Leo A. Temmey, Atty. Gen., and Chas. P. Warren, Asst. Atty. Gen., for Respondent.
Chapter 32, Laws of 1941, purports to increase the salary of certain county officials. Plaintiff was holding a county office coming within the terms of the 1941 law at the time this law became effective. The question presented by this record is whether the said Chapter 32, is constitutional, in so far as it purports to increase the salary of a county official during the term which he was serving when the law became effective.
The question now presented has been before this court on three occasions. Hauser v. Seeley, 18 S.D. 308, 100 N.W. 437; State ex rel. Lamm v. Spartz, 62 S.D. 593, 255 N.W. 797; Clark v. Board of County Commissioners, 64 S.D. 417, 267 N.W. 138. We adhere to the holding in the cases of State ex rel. Lamm v. Spartz, supra, and Clark v. Board of County Commissioners, supra.
The judgment appealed from is affirmed.
All the Judges concur.