Cole v. Humphries

Citations

• 78 Miss. 163

Syllabus

<p>1. Constitutional Law. Constitution of 1890, sec. 174. Salaries. Deductions. District attorneys.</p> <p>Section. 174, constitution of 1890, providing that district attorneys, shall he paid a fixed salary, does not prevent the legislature from authorizing deductions from their salaries for neglect of official duty, whether from sickness or other causes. The word ‘ ‘ fixed,r in the section simply marks the change made by the constitution in the compensation of district attorneys from a system of fees, and salaries to one of salaries alone.</p> <p>2. Same. Constitution 1890, sec. 78.</p> <p>Section 78, constitution 1890, requiring the legislature to regulate deductions from salaries of public officers for neglect of official duty, does not deprive the legislature of power to provide for reductions from such salaries because of a failure to perform official duties on account of sickness and like causes.</p> <p>3. Same. Laws 1898, p. 77.</p> <p>The act of 1898 (laws 1898, p. 77), directing a deduction from the salary of a district attorney because of his absence from a circuit court of his district for whatever cause, is constitutional.</p> <p>4. Same. Construction. Unjust and oppressive legislation.</p> <p>The courts will not declare an act of the legislature unconstitutional because it is unjust or oppressive. To warrant so doing, the act. must be plainly and clearly violative of the fundamental law.</p>