Blair v. Marye

Citations

• 80 Va. 485
• 1885 Va. LEXIS 87

Syllabus

<p>1. Constitutional Officers — Attorney-General— Compensation. — By section 8, article 6, state constitution, the election and commissioning of an attorney-general is provided for, and it is directed that he shall perform such duties and receive such compensation as the law may prescribe. It is not within the power of the legislature itself to withhold from him the salary which is prescribed by law, nor to delegate such power to the auditor.</p> <p>2. Idem — Idem—Idem—Offset.—The salary of the attorney-general is of constitutional grant, and of public official right, and the doctrine of offset cannot be applied to it. It is not liable to attachment, to garnishment, nor to assignment in bankruptcy, and upon principles of public policy, it has absolute immunity from detention for debt or counter claims.</p> <p>3. Idem — Withholding salaries. — The act of assembly passed November 24th, 1884, Acts (extra session) 1884, page 90, requiring the auditor to withhold the salary of any officer who is indebted to the state for money collected by him, or improperly drawn by him during his term of office, until the default is made good, is unconstitutional and void, so far as it affects constitutional officers.</p> <p>4. Idem — Idem—Remedy.—-The officer’s remedy for the withholding of the salary attached to his office, is by mandamus.</p>