The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1904-01-05
City Counselor Bates Rules That
He Is Entitled to $3.50
Annually.
ALSO TO GET CERTAIN FEES.
Circuit Attorney Desires to Have
judicial Settlement Before
Accepting Any Com
pensation at All.

Circuit Attorney Folk said last night
that it was a matter Of Indifference to
| him whether he be compensated under the
old laws or under the new, but as one
City Counselor has held that the new law
applies. and another that the old law ap-
plies. and as some lawyers insist that
neither the old nor the new law is valid,
the question would have to be Judiciously
determined.
AS another City Counselor might take
a different view from Mr.. Bates ne
thought best to get the ruling of a court.
so there can be no further dispute.
Until the matter is definitely and final
ly settled" said Folk, II shall not accept
any salary at all. No one can complain
then"
Mr. Folk has not received pay for the
past two months. and. under the ruling OF
Counselor Bates. the State Of Missouri is
in arrears on his salary for three years.
City Counselor Bates yesterday handed
down his opinion on the question of the
Circuit Attorneys salary. He holds that
the Circuit Attorney should be paid 81 $50
year salary, $4,000 to be paid by the city
and $3.50 by the State, and certain fees in
addition. Mr.. Bates rules that the act of
1901 does not govern. Under Mr.. Bates's
ruling the Circuit Attorney would get
more compensation in salary and feea
than under the act Of 1901
Mr.. Schumacher. when City Counselor
advised the Auditor that the act of 1901
OF the Circuit Attorney. He further held
that even If the salary were increased.
the compensation was not increased. as
Tees were allowed under the old law that
are cut on by the new law
City Counselor Bates does not rule that
the act Of 1901 increases compensation. but
decides that the constitutional provision
inhibits increase of salary. even If the
increase of salary Is by subtracting from
fees and adding to salary. and even II the
total compensation be decreased The Cir
cult Attorney, under the old law. was
paid in part by salary and in part by fees.
The new law fixes salary in lieu of all
prohibits Increase of Compensation or
fees"
Mr.. Schumacher held that the total
compensation must be increased before a
statute would conflict with the Constitu-
ton. and that adding to salary by sub
tracing from fees does not come within
the constitutional provision. Mr.: Bates
the Constitution means salary. So that II
the Excise Commissioner. for instance. re-
ceives 500 a year salary and $4,000 in
fixing his Compensation at 5000 salary in
lieu of all salary and all fees. the act
would not apply to the incumbent because
Of the increase of salary. although the
total compensation is decreased $4,000.
The entire proposition hinges upon the
meaning of the word compensation" In
the Constitution.
The compensation, Of the Circuit Attor-
ney has been puzzling question for years.
There have been as many opinions as to
what it should be under the old laws as
on the question of AIMS age. Mr.. Schnur-
macher held that before the act of 1901 the
salary was 5000 under the acts Of 1866. 1858
and 1872 Mr.. Bates holds that the salary
was $3.50 under the acts of 1856 1868 and
1871. He rules that the act Of 1872. giving
salaries to all Prosecuting Attorneys. does
not apply to St Louis. which construction,
by the way, would render the act uncon-
stitutional. as special legislation and in
validate the salaries Of all the Prosecuting
Attorneys in the State. Judge Harvey
holds the salary was $3.50 under the acts
Of 1866. 1868. 1851 and 1872. Others take the
position that all the old acts are invalid
as special legisla ton. A half dozen differ
ent combinations can be made with the
old statutes. with as many different re-
suits.
The city has been paying under the act
of 1901 since II went into effect. upon the
advice of City Councillor Schnurmacher.
No one. until recently. questioned the cor
rectness of this decision, so there was no
way to get courts solution Of the prob
lem until now.