# Matter of Dodge

> California Supreme Court · February 18, 1902 · 135 Cal. 512

URL: https://www.frixlaw.com/law-library/cases/3298437

## Case

- **Full name:** In the Matter of the Controversy Without Action Between WASHINGTON DODGE, Assessor of the City and County of San Francisco, Respondent, and THE CITY AND COUNTY OF SAN FRANCISCO, Appellant
- **Court:** California Supreme Court
- **Decided:** February 18, 1902
- **Citations:** 135 Cal. 512; 67 P. 973; 1902 Cal. LEXIS 836
- **Precedential status:** Published
- **Opinion:** Concurrence by McFARLAND
- **Judges:** McFarland, Beatty, Van Dyke
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3298437

## Opinion text

McFARLAND, J., concurring.
I concur in the judgment; but I do so solely on the ground that the people of the state, by adopting amendment to the state constitution in. 1896, deliberately yielded up the power to fix the proper compensation of county officers in the city and county of San Francisco. No question as to “municipal affairs” arises in the case. Under the said constitutional amendment the compensation of “county officers” may be fixed in the charter; and “compensation” is as broad a word as could be used in that connection. It might well be argued that it would be good policy for the state to encourage the collection of a tax so difficult to collect as a poll-tax, by allowing extra compensation therefor; but that matter should have been considered when the amendment 8-|- was adopted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3298437. Public record. Not legal advice.