The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-06-13
SAYS JUDGE GETS
ILLEGAL SALARY
George l.. Arps Prefers Charges
Against Police Justice Bar
ron. of Norfolk.
HE ASKS FOR INJUNCTION
Applies to Judge Scott for Re-
straining Order Against
State Officers.
HE ASKS FOR INJUNCTION

Police Justice James S. Barron. OF
Norfolk. according to George l.. Alps.
Of the Same city. although entitled to
u salary OF $500 year under the
act of March 3. 1901. which created
his Office, has since July 3, 1912. been
receiving in costs collected by him and
money paid to him by State Treasurer
Hartman approximately 500 a month
more than the law allows him.
AS citizen and taxpayer" Mr.. Apps
alleges in Il bin OF complaint filed yes
tcrday In the City Circuit Court he
has been and is being injured by such
improper and illegal disposition OF the
revenues of tho State" The bin pray:,
the court to Issue an injunction to re-
strain Auditor of Public Accounts e.
Lee Moore and State Treasurer ~ W.
Hartman, Jr., from making further pay
mcnts to Police Justice Barron, which
contravcnc the law fixing his salary
and TO restrain Justice Barron from
accepting further compensation in cN-
cess of the salary TO which he is en-
titled.
Apparent Conflict In Inv.
The difficulty, it appears. arises from
the apparent conflict between tho act
Of 1901 creating the Police Justices
office, and section 1874 OF the Consti-
tuition. The act fixes the salary of
the Police Justice of the city OF Nor
folk at $4,000 year. to bc paid out
Of moneys collected by the justice and
Public Accounts.
such salary il is provided. shall
not he charge upon the State treas
ury except in so far as it relates to tho
said moneys above mentioned. and shall
be In lieu Of all other compensation
To said Police Justice for his services.
whether rendered under tn. STATE laws
10 of &,r AL
Until April %. 1912, the Auditor OF
Public Accounts, following the act just
quoted. paid TO Mr.. Barron an annual
salary of $500. Auditor Moore. upon
an examination Of the act shortly after
assuming office. concluded that it was
payment OF the salary. In this cours"
he was advised BY Attorney General
Williams.
Snys II ~ Unconstitutional.
Section l3i Of the Constitution pro-
vidcs that tho General Assembly shall
sct aside u permanent and perpetual
literary fund u which shall go, in ad
dition to a number OF specifically mon
TONED revenues. all fines collected for
offcnScS committed against the state.
This fund. IL is provided. shall not y"
used for any purposes whatever other
than those Indicated.
In direct conflict with this provision
of the Constitution. according to Au-
ditor Moore. is the act prov iLins for
the salary OF the Police Justice Of Nor
folk. which directs that IL shall he
paid ont al til. moneys paid in by him
10 I'll" state Treasury III tho form ~
rncS. Since his salary, under tho same
act cannot lie paid from any other
money belonging I" the state. and since
all money derived from fines is assign
cd bv tho Constitution to the permanent
literary fund. Auditor Moore claims
that he is powcrlcss TO pay Mr. Barron
his salary.
Approprinting Costs.
With his salary thus cut OFF. Mr.. Ear
ron, II appears. has since July 3, 1872,
appropriated in lieu thereof certain
costs collected by him in the course OF
the business OF mis- court. This he vas
permitted TO do by tho Auditor Of Pub
lie Accounts. who held chat like every
other justice of the peace in the State.
who is without fixed salary. Justice
Barron was entitled TO these sources Of
revenue.
Since April %, 1913. Justice Barron
has periodically submitted reports OF
the business OF his court, approved By
the Judge Of tho Corporation Court OF
the city OF Norfolk on the basis OF
these reports, the Auditor has issued
warrants for the fees to which Justice
Barron WAS entitled under sections 352 :
and 1881 OF the Code. providing for the
compensation OF all justices OF the
peace who are without fixed salary.
These warrants We're honored by State
Treasurer liarman and paid out of tho
appropriation made for the criminal
charges OF the state, as is provided in
the cases OF justices OF the peace rcnd :
orins services under the statutes.
Charges Violation of Law.
The bill of complaint nlcd by Mr..
APPS charges that In following the
course outlined in the foregoing, Audi
tor Moore, Treasurer Hartman and Jus
tee Barron have wholly di.rcgardcol
the law and that tho fees collected
by the justice from various sources
and not turned over to the Auditor Of
Public Accounts. have since July
:. l9l2. amounted to approximately Sl75
monthly With the payments made to
MN BY the State Treasurer, MIR Arp
claims. Justice Iiarron's compensation
mas been about 500 month more than
mat TO which he is legally entitled.
Being without remedy except in n
his bill Of complaint. he pravs for n
restraining order against the defend :
ants named, and invites all citizens OF
Virginia situated similarly 10 him. to
come into and contribute to the costs
of the suit
The application for an Injunction was
argued before Judge r. Carter Scott.
Assistant Attorney General r. b. IN
Wis appearing for the State officers
Attorneys G. }. Collins and j. Il. Heath.
OF Norfolk. appeared for the plaintifr
The argument hinged on the constitu
tionality of the act of 1901. Judge
scott TOOK the case under adviscmcnt