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-7 <br />257 <br />,of said Court who is to be appointed by the Governor and hold office until his successor shall II <br />`;have been duly elected and qualified. Therefore the subsequently elected Prosecuting Al�torney <br />• receives his compensation wader Section '5987 and even prior to the enactment of the Florida <br />1 <br />1 <br />0 <br />1 <br />Statutes 1941 he was entitled to the compensation allowed by the above Section as amended by <br />the 1939 Acto <br />yf there should be -any question about the phraseology of the above mentioned Section 4= <br />then that portion of said Section fixing the compensation and fee is unconstitutionalg being <br />In violation of .Article 39 Section 20 above quoted. This theory is substantiated by decisions <br />of the Supreme Court in the following cases: 131 So.g Page 165; 128 So.9 Page 489; 99 So.t <br />Page 804; 179 So.' Page 730, <br />Chapter 7592' Acts of 1917 created the County Court of St. Lucie County and the Section <br />.'therein with respect to the Prosecuting Attorney is verbatim with the Section of the Act creat— <br />,ling a court in Indian River County, The Prosecuting Attorney of St. Lucie County obtained a <br />writ of Mandamus compelling the payment of the increased amount prier to the enactment of the <br />!Florida Statutes 1941. <br />i <br />In view of the above it appears that there is no question concerning the matter and that <br />funder the Florida Statutes 1941 the Prosecuting Attorney should be paid the compensation al.lowe�e <br />iI suggest that for the month of December Judge Diamond submit a statement to the Board of Coun <br />ty Commissioners based upon Section 34.119 Florida Statutes 1941. <br />November 1942 <br />February 1943 <br />May 1943 <br />August 1943 <br />November 1943 <br />February 1944 <br />May 1944 <br />August 1944 <br />November <br />1944 <br />February <br />1945 <br />May <br />1945 <br />June <br />1945 <br />I <br />'August 1 <br />1945 <br />November <br />1945 <br />1 <br />1 <br />BONDS +"STREATED * SUMMARY <br />October 22t 1942 to February 4' 1946 <br />$500.00 <br />275.00 <br />425.00 <br />210.00 <br />155.00 <br />175.00 <br />5401,00 <br />260.00 <br />750.00 <br />345.00 <br />595.00 <br />60.00 <br />1155.00 <br />Hon. Douglas Baker' Clerk <br />Board of County Commissioners <br />Indian River County <br />Vero Beachl Florida <br />Dear Mr. Baker: <br />Mr. Shaw handed to me the letters to the board from Mr. Sherman N. Smith' Jr.$ and Mr. <br />C. P. Diamonds and advised'me of the boardis request for our opinion in the matter. <br />In the next to the last paragraph of the memorandum attached? it is stated that the pro- l� <br />�secuting attorney of St. Lucie countyl under an identical legal provision., obtained a writ of <br />mandamus compelling the payment of the increased amount claimed. If this is corrects it is: my <br />understanding that the action of the circuit court in the case is the law in that cirleuitt and <br />therefore the balance of the compensation due could legally be paid. <br />I am returning herewith the correspondence. <br />Sincerely yours, <br />Bryan Willis <br />Bryan Willis <br />State Auditor <br />