Cole v. Humphries
Cole v. Humphries
Opinion of the Court
delivered the opinion of the court.
Benjamin G. Humphries, district attorney of the fourth judicial circuit court district of the State of Mississippi, failed to attend several terms of the circuit court of his district. The auditor refused him a warrant for his salary, amounting to $725, during his delinquency, and he filed this petition to obtain a warrant therefor. It appears that $130 of the amount claimed by the petitioner was deducted from his salary because of his nonattendance at the courts of his district in consequence of his being engaged in the military service of the United States, and $295 was deducted from his salary in consequence of his absence from court by reason of sickness. The circuit court denied him relief for his salary not earned in consequence of his absence in the military service of the government, but ordered a warrant to be issued to him for $295, the portion of his salary not earned -by him in consequence of his own sickness. The auditor appeals.
Chapter 58, acts 1898, directs a deduction from the salary of the district attorney when he is absent from the circuit court of his district, arising from whatever cause; but it is claimed that this act of the legislature is unconstitutional, and such was
The judgment of the circuit court is reversed, and the suit dismissed at the cost of the appellee.
Reference
- Full Case Name
- William Q. Cole, Auditor of Public Accounts v. Benjamin G. Humphries, District Attorney
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Constitutional Law. Constitution of 1890, sec. 174. Salaries. Deductions. District attorneys. Section. 174, constitution of 1890, providing that district attorneys, shall he paid a fixed salary, does not prevent the legislature from authorizing deductions from their salaries for neglect of official duty, whether from sickness or other causes. The word ‘ ‘ fixed,r in the section simply marks the change made by the constitution in the compensation of district attorneys from a system of fees, and salaries to one of salaries alone. 2. Same. Constitution 1890, sec. 78. Section 78, constitution 1890, requiring the legislature to regulate deductions from salaries of public officers for neglect of official duty, does not deprive the legislature of power to provide for reductions from such salaries because of a failure to perform official duties on account of sickness and like causes. 3. Same. Laws 1898, p. 77. The act of 1898 (laws 1898, p. 77), directing a deduction from the salary of a district attorney because of his absence from a circuit court of his district for whatever cause, is constitutional. 4. Same. Construction. Unjust and oppressive legislation. The courts will not declare an act of the legislature unconstitutional because it is unjust or oppressive. To warrant so doing, the act. must be plainly and clearly violative of the fundamental law.