Commonwealth v. Addams

• Decision Date: 19 May 1894
• Citation: 26 S.W. 581,95 Ky. 588
• Parties: COMMONWEALTH ex rel. ATTORNEY GENERAL v. ADDAMS, Clerk of Court.
• Court: Kentucky Court of Appeals

26 S.W. 581

95 Ky. 588

COMMONWEALTH ex rel. ATTORNEY GENERAL v. ADDAMS, Clerk of Court.

Court of Appeals of Kentucky.

May 19, 1894

Appeal from circuit court, Franklin county.

"To be officially reported."

Action by the commonwealth, on the relation of the attorney general against A. Addams, clerk of the court of appeals. Defendant obtained judgment. The commonwealth appeals. Affirmed.

W. J Hendrick, for the Commonwealth.

Thos H. Hines, for appellee.

PRYOR J.

A Addams, the present clerk of the court of appeals, was in office and in the discharge of his duties prior to the adoption of the present constitution. In the month of June 1893, the legislature passed an act requiring the clerk to report to the auditor all fees received by him, and after retaining for himself as a salary $4,000, and after paying his assistants or deputies, and all expenses of the office, the balance remaining to be paid to the auditor for the state. A heavy penalty is imposed on the clerk for failing to comply with the provisions of the act. There is a further provision, to the effect that the salaries of the clerk's deputies shall be fixed by the court of appeals. The clerk, it seems, has made no report of the proceeds of his office, on the ground that the law has no application to his term of office, and, if so, is unconstitutional. Under the former constitution, it was held that the fees of officers created by law or by the constitution, as distinguished from salaried officers, were at any time subject to legislative control, and could be increased or diminished at the will of the law-making power. Under the present constitution the legislature is not only prohibited from changing the salaries of public officers, so as to affect those in office during their terms, but, by section 161 of the constitution, it is provided: "The compensation of any city, county, town or municipal officer shall not be changed after his election or appointment, or during his term of office," etc.; so, by these express provisions of the organic law, it was evidently intended to prevent any interference with the salary or compensation of a public officer during his term of office. While the office of clerk of the court of appeals is not expressly mentioned, it is an office, not only recognized by the constitution, but by section 120 it is expressly provided: "The present clerk of the court of appeals shall serve until the expiration of the term for which he was elected, and until his successor is elected and qualified," and, therefore, it follows that the office of clerk of court of appeals must, so far as the compensation is concerned, fall within the spirit and meaning of the provisions of the constitution preventing legislative interference with the compensation during the term of office. There has been no change made as to the duties of the office, or...