Opinion
File No. 8026.
Opinion filed April 16, 1937.
Officers.
Statute reducing school superintendent's travel allowance to seven cents per mile held not unconstitutional as reducing state officers' compensation during term of office (Laws 1933, c. 70).
Appeal from Circuit Court, Clark County; HON.W.N. SKINNER, Judge.
Action by M. Ruth Stierwalt against Board of County Commissioners of Clark County, South Dakota. From a judgment for plaintiff, defendant appeals.
Reversed.
G.F. Sherwood, of Clark, for Appellants.
Ellsworth E. Evans and R.F. Manson, both of Watertown, for Respondent.
Plaintiff was superintendent of schools of Clark county from January 1, 1933, to January 1, 1935. Plaintiff brings this action to recover mileage on the basis provided prior to the enactment of chapter 70, Laws 1933, and after submitting her bills for mileage to the county on the basis provided in the 1933 law. The case is governed by the rulings of this court in the cases of Clark v. Board of County Commissioners, 267 N.W. 138; Swartz v. Kingsbury County, 267 N.W. 140.
The judgment appealed from is reversed.
All the Judges concur.