The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-04-16
COURTS DECISION MAY
RESULT N MANY SUITS
salary Increase TangIe Becomes More
Serious and Countless State Of
ficcrs May He Involved.
KECESr DECISION srDEMGHr.
school superintendent In Alexandria
Comfy. Whose Salary Was Unlaw-
fully Increased, Compelled TO Re-
turn ,$g7O Into Treasury.

Until the state Supreme Court of
Appeals reaches its decision in the
cases OF the several State officers
" hose salaries were increased by the
recent General Assembly. Auditor of
Public Accounts {. Lee Moore will
cortiHue paying those officers the same
March l. this year This the Auditor
was advised to do by Attorney General
John Garland Pollard in the follow
ing opinion sont to Mr.. Moore yester-
day.
In reply to yours of April will
say that am advised by COUNCIL for
the Superintendent OF Public Printing,
Superintendent Of the Penitentiary
and Commissioner OF Labor that they
will proceed 10 test the validity OF
the increase in their salaries;
Pending the proceedings in this
behalf l advise you TO pay all of the
officers mentioned in your letter OF
April at the rates received by them
prior to March 1 OF this year"
This is the situation at the close of
the chapter in what promises to de-
velop the most interesting and prob
ably one of the longest drawn con-
troversles In state government and
legislative affairs in recent years.
How far the DILIGENTLY in which the
Legislature has plunged state official
circles will extend is problemattcal
and at this time the subject of much
speculation.
May Run Back Ia 1887.
| out OF the action of the last Gem
eral Assembly IN passing bill TO
increase the salary of the Auditor OF
Public Accounts from 81 900 to $4,5 500
i L. -. {n4 tn
carrying increases of the salaries Of
the superintendent of the Peniten-
tlary from $500 to s2,750, the Sup
erintendent OF Public Printing from
$4,000 to s2,S00. the Commissioner Of
Labor from $4,000 TO s2,800 and the
clerk of the Circuit Court of the city
Of Richmond from $500 to 1000 has
/ come the beginning OF a tanRie which
may spread to a hundred holders of
public Office at this time and TO count
less others who have In the past
since the Code Of lS87-held state
offices.
/ The Constitution provides that the
salary OF no State officer shall be
either increased or decreased during
/ the term of office ne Ia serving. For
years and years the General Assembly
has been passing the appropriation
bin carrying salary increases for Of
/ hcers after their new terms In Office
had begun,
! The appropriation bill passed by
/ the last General Assembly was put
through after March l. the date on
which the terms Of four of the FIVE
officers who were given salary IN
+ creases. had begun. Ahe Auditor
term did not begin until April /, but
theve is some question as to whether
or not the Increase was lawfully given
him
- State Supreme Court.
WI ~-1ditor Moore got ready TO
draw the warrants for the payments or
the March salaries of the officers ne
asked the Attorney General If ne
should include In the vouchers figures
covering the increase. Mr.. Pollard,
after having the question under con-
sideration several days. told Mr..
Moore not to include the increased
amounts in the vouchers--to hold up
the larger pay check, and let the or
firers, part of whose increased salary
would so be withheld, proceed against
the State. IN the Supreme Court TO en-
force collection This Mt Moore d1d,
and he. with the other officers whose
increases are so withheld engaged
counsel and instituted proceedings
cided at the next term of that court
which sits at Wytheville in June.
= The latest turn in the controversy
came when the auditor asked the At
.torney- General If he should pay the
salaries fixed by the Code or the sal
aries paid them prior TO March !, this
year the date of the latest appropri-
alton measure The Code fixes the
salaries Of the officers affected as fol
lows. Auditor, $4,000; Superintendent
tof public Printing, Sl.500 Superinten-
dent of the Penitentiary, $1,000: Com
missioner Of Labor. $500. and clerk
of the Circuit Court of the city OF
Richmond S4o0.
Mr. Pollard instructed Mr.. Moore
Ito pay the same amounts that We're
paid during the term prior to March
II last
May Have Been UnlawfuIIy Paid.
The new question raised promises
complications which. until yesterday,
had not been anticipated. 1t brings
our the fact that the Increases which
have been made in salaries OF State
officers. from time to time. may have
teen unlawfully paid to those officers
during the term in which they were
serving when the increase was au-
thorized by the Legislature. In such
moneys so unlawfully paid those of
f,cers. II the Supreme Court, In decid'
ing the issue raised by the officers
whose salaries were Increased by the
Hast Legislature Is OF the opinion thai
these increases cannot lawfully be PAID
there officers until after their mex
tefms begin
should the Supreme Court, In its de-
cIsion hold up the salary increases
luutil the next terms OF the officers ar
rcctrd begins it will follow that dur
ing the past years there have beer
MANY state Officers who during parts
of their terms have unlawfully beer
paid by the State more money thar
they we're. under the Constitution. en-
titled to. and that such money must
revert to the State treasury
suit BY State May Follow.
I'm this event it will be up to tho
state in many instances, II not in all
10 bring suits to recover from all such
uuIawfully paid officers since 1887
the year of the Code under which the
state Is working.
In A number Of cases, 1t is suggested
there are former state officers. not
now serving, who received salary in
crease PAYMENTS unlawfully These
former officers. too. will he subject
10 suit, as will also the estates of
those officers who were unlawfully
paid aud VINO have since died.
In connection with the tangie In