Majority
p. 254The People ex rel. David L. Follett and Alton B. Parker, Resp’t, v. Ashbel P. Fitch, as Comptroller of the City of New York, App’lt. (New York Superior Court, General Term, Filed February 12, 1895.)
Headnote
Judges—Increase of salary.Section 1109 of the Consolidation Act, as amended in 1893, does not violate the provisions of the State Constitution, forbidding an increase of salary to certain judicial officers.
Appeal from order granting a writ of mandamus.
William H. Clark, Attorney for app’lt; Root & Clarke, Attorneys for Relators and Resp’ts.
The legislative enactments relied upon by the relators do not offend the provisions of the state constitution forbidding an increase of salary to certain judicial officers. (Consol. Act. 1882, sec. 1109, as amended by L. 1893, chap. 104 ; Const., art. 6, sec. 12.) The compensation allowed by these legislative acts is by express language limited to “expenses and disbursments” incurred by such officers while acting in the district to which they have been transferred: and they were in force when the present constitution became operative.
The order appealed from was properly made, and must be affirmed, with costs.
Concurred in by Sedgwick, C. J., McAdam & Beekman, J. J.