Holder v. Sykes

Mississippi Supreme Court
Holder v. Sykes, 77 Miss. 64 (Miss. 1899)
Whiteield

Holder v. Sykes

Opinion of the Court

Whiteield, J.,

delivered the opinion of the court.

The act in question, passed January 31, 1898 (laws 1898, p. 78), is plainly and palpably violative of sec. 166 of the constitution of 1S90 — the supreme law of tbe state — and therefore null and void. It would be a mere waste of time to discuss so clear a proposition. If anyone wants a discussion and authorities, he can consult the brief of counsel for appellee.

Affirmed.

Reference

Full Case Name
W. D. Holder, Auditor, etc. v. Eugene O. Sykes, Judge, etc.
Cited By
3 cases
Status
Published
Syllabus
CONSTITUTIONAL Law. Constitution of 1890, sec. 166. Judges’ sotartes. • Deductions on account of -pay of special judge. Latos 1898, p. 78. The act of 1S98 (Laws, p. 78), providing that the pay of a special judge shall bo deducted from the salary of the regular judge in whose stead he has served, conflicts with sec. 166 of the constitution providing that the judges of the state shall receive a fixed compensation, not subject to increase or diminution during their continuance in office, and the issuance of a warrant in favor of the regular judge for any deduction under said act may he enforced by mandamus.