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People ex rel. Follett v. Fitch

65 N.Y. St. Rep. 341 Court N.Y. Super. Ct. Decision date 1895-02-12 English

Contents

Majority

p. 341
The People ex rel. David L. Follett et al., Resp’ts, v. Ashbel P. Fitch, as Comptroller, etc., App’lt.
(New York Superior Court, General Term,
Filed February 12, 1895.)

Headnote

Supreme Court—Justices—Salary.
Chap. 104 of 1893 does not provide for an increase in salary, within the prohibition of § 13, art. 6, of state constitution.
Appeal from an order, granting an application for a writ of mandamus.
William H. Clark, for app’lt; Root & Clarke, for 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. Consolidation Act, 1882, § 1109, as amended by Laws 1893, c. 104; Const, art-. 6, § 12. The compensation allowed by these legislative acts is by express language limited to “ expenses and disbursements 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.