Reports of the Cases Decided in the Appellate Court of Indiana Volume 72

Reports of the Cases Decided in the Appellate Court of Indiana Volume 72

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...term 'compensation' is employed three times. It is obvious that the legislature in the 'first two instances, in using the expression, meant and intended to refer to the annual salaries of the officers in each of the respective counties of the state, for by the express language of the section the compensation meant is disclosed to be that which 'is graded in proportion to the population and the necessary services required in each of said several counties.' No compensation under the act, other than the annual salary of the officer, is attempted to be graded according to the particular standard declared in the section. That it is the annual salary which is intended by the term in question is further manifested by the fact that immediately thereafter follows a list of all the counties of the state in which the annual salary of each respective ofiicer mentioned is specified or fixed." As the only compensation that was graded in proportion to the population was that of the annual salary of the olficers involved, it fol1ows_ that the compensation referred to was such annual salary; in other words, the court holds in that case in effect that "compensation," as there used, and "salary" are synonymous. As the case of State, ea; rel. v. Flynn (1903), 161 Ind. 554, 69 N. E. 159, involved the same section of the statute, and as the opinion was written by the same judge, and later in the same year as the Seiler case, it is but a reasonable inference that the word "compensation" was there used with the same limitation in meaning, and for the same reason. By this construction, the ofi'icers named in said act, which included the clerks of the various courts of the state, more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • United States
  • English
  • black & white illustrations
  • 123697204X
  • 9781236972040