Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-05-02

to the that proposition Among other things the
said The office Of general constitutional creaon
be fixed and by law within protection the
constitution By article w. Section VIII judiciary
department. the Constitution Of Virginia. provided AT
the commonwealth shall governor
perform such duties, and such prescribed
by law and shall be removable the
OF Judges The Office
on vested the general elected by people
four years. 1t not founded contract but constitutional grant
which implies prohibition of legislative authority salary
of the Office which prescribed case of Foster vs.
JONES' 70 Va GAP, Judge Hinton, speaking I'VE think
fairly be assumed the be proposition thai
the two branches the legislature the direct the
people, have the right have them
either III express terms or by implication constitution
to create and abolish offices accordingly regard them as ne
superfuous And that they also circumstances de-
pe the officers Of their salaries either directly removing them from
office indirectly by changing the organization department to
which they attached as to leave them without place.
But of this legislature cannot be construed to
any of the various classes of officers vh,cb s
stutiona officers glowing Auditor s42; Commonwealth VS.
Gamble 81 Penn vs. Peck Cnch 81, rh
legislature prescribe some compensation to tho atornv
and when prescribed the constitution n
that he shall receive such prescribed nv
1t not within the power of the legislature and oio
they can not depue To allow such
WV " ~ anuu ne wi" OF the people expressed in the constitution
and to place the organized integrity the onson
of the state caprice OF revolutionary
NATION and party supremacy in the legislative department of the go
eminent If thus they the salary Of ono
" the disposition the auditor towards
him. they can make the tenure functionaries NJ tho
ment execute and judicial depend absolutely abject unon b
will and humor and government al Tho
passion prejudice vs. Buck Az M; oo
feope vs. Bangs % ILL., 527 People Gary Cowan e42 Ncc
case Cowan, $50; State Menmre, Wis 1887"
II now continues for long discussion
going to take the time of this legislature of this court +o a
because nave read this decision which unbndod
fy of cases cited from all these United States that v
power or control the judge when II on &C.,
the constitution and would directing Won az tn h
should do before could collect has non+
tna provision we'll fixed that the legislature shod mt h
position because they they have authority n 60. ,
shall do certain work and shall work before h h "
mis- salary No. say to gentlemen this Senate +b.+ 49,
tuition never contemplated that they to saw how
perform the duties Of their office excepting when thew h.v
press provision therefor and has violated
provisions which provided constitution vo " Tue
TO reacn him. but you can't reach him the process ~
"nnoio the correction OF his salary is tre what
provision amount to-? 1t void and +. ~. eS ns
though never had been enacted by legislature and
convicted mpeached for doing that violating statute an De
existed IN TACT What an absurdy absptv 'er
must 1ah oak on the proposition that has been you
the delayed cases. you must hnd reasonable douht
o'o ior some mecenary or unlawful himself on
hasn't oeen SUCH evidence limited case not e ere
The Senate took a 73o pm 'u d"
CONTINUED Tomorrow