The Brunswick daily news. [volume] (Brunswick, Ga.) 1903-1906, 1905-01-05
.At EXTRA PAY PA4
FOR IHI JUDGES
7 LegIslatureDid Not Make
: Any Appropriation for
the Increase

1t win be gememgered sat the
last session Of hte Georgia legislature
the salary of suprem eeourt Judges
vas increased from $4,000 to $4,000
per year and superior court Judges
from $4,000 ta $4,000, but, aoeardine
to an opinion landed down Attor-
ncy General Hart the judges will not
. receive the increased salary until the
state soions Meet again and make the
necessary appropriation The follow.
ire article from yesterdays Atlanta
Constitution on the subject will he OF
interest in Brunswick
Until the legislature meets and an.
propriates the money to Fay the In
crease in Georgia judicial salaries the
STATE treasurer cannot pay out the ad.
d'tional $1,000 added by recent law to
each salary according to an opinion
handed down yesterday by Attorney
General Har..
AS stated yesterday in the Consti
tuition this question was raised by
State Treasurer Park who asked in
structions from the attorney general
Judge Hart took the matter under ad-
ylsement for two days, and then hand
ed down an opinion in which he de.
clares the increase in salaries cannot
te raid until an appropriation cover,
trg it Is made by the legislature
/ AS is gene ally knosl he ,4erease
ii salaries Of $1,000 raised the pay
o' supreme court justices from $4,000
Z $4,000 year and judges OF the us
rerior courts from $4,000 to $4,000.
Judge Harta opinion handed to the
state treasurer Yesterday read as fol
lows:
Atlanta, Ca, Jan, 3-19O5- Hon
T. e. Park, slate treasurer Atlanta
Ga
Dear Sir, am in receipt Of your
letter Of December 80 in which you
make inquiry and ask for officials rul-
ms thereon whether you may lawfully
ray from the treasury of the state the
increased salaries of the supreme and
saperior cour, judges in the absence
Of an appropriation by the legislature
Tor that purpose
The legislature at its last session
y an act approved August IS, 1904, in
CT eased the salaries Of the supreme
end superior court judges, the former
from $4,000 to $4,000 per apnum and
he latter from $4,000 to $4,000 per an.
nun but failed to make any appropria-
ton to pay this increase. The appro
rriation act approved August is. 1904
appropriated only $4,000 per annum
Tor the salary Of each Of the judges
Of the supreme court and $4,000 for
each of the judges Of the superior
courts. The examination OF this oinis
sion on the part Of the legislature
to appropriate the money to ray the
increased salaries was due to the fact
that the bin increasing the salaries
was passed after the general appro
rriation act. The Legislature viii, Of
course on ts reassembling make the
necessary appropriation to pay the
il creased salaries Until The legisla
t, re makes the appropriation ID @
quite evident you would not be au.
thorized as treasurer Of this state t.
teke any funds from the treasury TO
pay the increased salaries.
The state treasurer has no author
ty to pay out money from the state
tteasurey until there has been an ap
Iropriatior made by law. 113 Ga.
647
"All payments from the treasury
shall be paid from tne fund appro-
I:iated for such purposes and not
from any other Subsection Of the
Political Code. The constitution OF
the state is equally explicit No mon
ey shall be drawn from the treasury
except by appropriation made by law
Article 3, section z, paragraph .
\curs truly.
"John c Hart,
Attorney Gcneral'