Thomas v. Hager
| Decision Date | 02 May 1905 |
| Citation | 86 S.W. 969,120 Ky. 428 |
| Parties | THOMAS v. HAGER, Auditor. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Franklin County.
"To be officially reported."
Petition for mandamus by John R. Thomas against S.W. Hager, auditor to compel the auditor to draw his warrant on the treasurer for the fees of the petitioner as police judge. From a decree denying the writ, petitioner appeals. Reversed.
J. B Lindsey, for appellant.
N. B Hays and C. H. Morris, for appellee.
Appellant Thomas, was elected police judge of the city of Lebanon at the November election, 1901, for a term of four years beginning on the first Monday of January, 1902. He regularly qualified, and entered upon the discharge of the duties of his office. At the time he was elected and qualified the fees allowed by law for the holding of examining trials were regulated by section 353, Ky. St. 1903, which, as it then stood, was as follows: "To county judges and other magistrates for holding examining courts in felony cases, for the first day's service, two dollars; for each additional day, one dollar, not to exceed four dollars in any one case." By an act approved March 21, 1902, the following words were added to the statute: Appellant held 22 examining trials in cases in which the grand jury failed to return an indictment for felony against the defendants. The auditor declined to allow the account for the holding of these examining trials, or to pay him anything therefor and he filed this action for a mandamus against the auditor commanding him to draw his warrant on the treasurer in his favor for the amount of his fees. The circuit court sustained a demurrer to his petition, and he appeals.
The act of March 21, 1902, is a wise provision, and is undoubtedly valid as to all officers elected or appointed after its enactment. But whether it is valid as to officers theretofore elected or appointed, under section 161 of the Constitution is the question to be determined. That section reads as follows: "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; nor shall the term of any such officer be extended beyond the period for which he may have been elected or appointed." Under this section it was held that circuit court clerks elected when there was no law in force allowing fees against the commonwealth in felony cases were not entitled to the benefit of an act subsequently passed during their terms allowing a fee of $5 payable out...
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James v. Cammack
... ... and deprive them of the $1,200 yearly salary attached to ... their office at the time they were elected? In Thomas v ... Hager, 120 Ky. 428, 86 S.W. 969, 27 Ky. Law Rep. 813, ... the court had this question before it: A statute was passed ... providing that ... ...
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James, Auditor, v. Cammack
...elected and deprive them of the $1,200 yearly salary attached to their office at the time they were elected? In Thomas v. Hager, 120 Ky. 428, 86 S. W. 969, 27 Ky. Law Rep. 813, the court had this question before it: A statute was passed providing that magistrates holding examining courts sh......
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White v. Com.
...some evidence other than the mere fact of death from a blow of the fist to raise an inference of an intent to kill. In Thomas v. Commonwealth, 120 Ky. 428, 86 S.W. 969, the defendant, after having threatened to kill the woman he was living with, knocked her down with his fist and then kicke......
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Coleman v. Hurst
... ... for holding examining trials, whether or not the offender was ... indicted. In the case of Thomas v. Hager, Auditor, ... 120 Ky. 428, 86 S.W. 969, 27 Ky. Law Rep. 813, this court ... held that the act was invalid as to those officers during the ... ...