Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 284

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 284

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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: ...providing for a payment to each circuit judge of $400_per annum "as and for his necessary expenses while in discharge of his duties," did not constitute additional "compensation" in the constitu-tional sense. Milwaukee County v. Halsey, 149 Wis. l. c. 87. In McCoy v. Handlin, 35 S. D. 1. c. 514 et seq., under a more comprehensive constitutional provision than ours, the Supreme Court of South Dakota held that an allowance. of $600 per annum to the supreme judges "in consideration of expenses" was not in violation of the prohibition against increasing the compensation of judges. The court held that the salary provided could not be increased, but that the allowances of expenses, as such, did not have that effect. In considering a similar question with respect to a claim that a Federal judge, who occupied a house belonging to the Government in the Canal Zone, must account for the rent thereof, CLAY "ION, J. (Smith v. Jackson, 241 Fed. l. c. 770), quotes from the opinion in the case of McCoy v. Handlin, as follows: "There it was said: 'It is clear that the Legislature did not intend, in the enactment of such legislation, to I increase the salaries of the judges, or to grant them any perquisites or emoluments for the discharge of their duties, but only intended to assure them, in so far as possible, that for the performance of their official duties alone, and not for the performance of such duties and the payment of the expenses incident thereto, they should receive the salaries provided by lawfor the performance of such duties.' And again, the court said: 'These men (the framers of the Constitution of South Dakota) must have known that Section 1, Article 2, of the Federal...
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Product details

  • Paperback | 312 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236902025
  • 9781236902023