State v. Roseberry

The question involved in these two cases is the constitutionality of a state law providing that the salaries and wages of public officers and employees of the state may be garnished.

II. C. Roseberry, one of the plaintiffs, having obtained a judgment against H. Claridge, an employee of the state at the Industrial School, Ft. Grant, filed in said action the statutory affidavit designating the state as garnishee. The Babbitt-Wyatt case is the same in its facts except that the debtor Babbitt is the state land commissioner, an office created by the legislature.

The state, by the Attorney General,…