Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-05-17

poucemen. The salaries had been re-
dpced while they were acting as po-
icemen. and for some time the plain
tlns served ut the reduced salary, but.
after they were discharged, brought
TINS sun. There was judgment
against the city in the lower court and
II appealed. The court says:
Inc contention that the ordinance
cutting down the salary OF the police
lorce was void. is based on section l6l
OF the constitution. which reads as fol-
lows: The compensation of any city
officer shall not be changed after
ms erection or appointment or during
ms ms term of office. :" BY section
3lSS of the Kentucky Statutes it is pro
vioed ehat the police of the city of Lex
ihstoh may be removed at pleasure.
win or without cause. by the Board of
Police Commissioners. They have no
term or Office. 1t is insisted for appel
ices mat. although they had no term
OIL Office. they are within the protection
o. OF the above section of the constitution
Ihey contend that the section inhibits
any change i'll the compensation of an
olncer after his election. or appoint
ment' and that it is immat erial' wheth-
er he has term of office or not on
me other hand. IT. is insisted for the
Guy mat inhibition of the sections re-
la'eS 10 change in the compensation
Vi the officer after his election or an
poinlrneht, and before his term begins.
OF curing his term of office. and that
only officers having terms are referred
10. AS all the words in n constitution
must be presumed to have some mean
me- IL seems to us that the words "af-
let MS election and appointment" must
ttetcl 20 the interval elapsing before the
BEGINNING OF the term OF Office and
Inat the purpose of the section is to
prohlbit change in the CONDENSATION
oi the officer during this interval or
uurihS MS term of Office. This conclu-
SION Is confirmed by the PHYSIOLOGY OF
inc succeeding clause: "Nor shall the
Term OF any such officer be extended"
e cie,, II IS very clear that this last
cIduse only refers To officers having
terms. The same result Will be reach
eu IL we look at the purpose of the
provision. 1t WAS designed TO protect
an oliicer during his term in the enjoy
ment oil the compensation attached to
u WheI ne was elected. and prevent his
appealing TO the city authorities for
more Such constitutional provisions
are common and are uniformly, so far
as we have seen. confined to officers
having definite terms
There is another objection to recov-
cry by appellees. They accepted their
salaries as reduced until they were dis
charged, without making any obiec-
tion or setting up claim that more
was due them. When they did this
they knew that if they set up such a
claim. it might endanser their further
tenure of Office: and after accepting
the smaller salary and enjoying the of
nee, they are estopped to claim money
which they elected not to ask for. IN
the case Of Ran V. City of Little Rock.
81 Ark. SOB. this precise question was
made. on facts very similarto those be-
fore us. The court said: The salary
as fixed by the ordinance was
paid the appellant monthly. and he
with full knowledge OF the facts. ac-
cepted the same. without it would
seem. any protest or objection. as in
full satisfaction and DISCHARGE OF his
demand. and such was the operation
and erect of the acceptance" Re-
versed.