Legal Opinion · Dissent

Manning, Commissioner of Finance v. Sims

Court of Appeals of Kentucky (pre-1976)

Decided August 13, 1948Published

1Dissent

Special Judge J. Woodford Howard

dissenting.

The majority opinion, insofar as it upholds the validity of Section 2 and Section 3 of the so-called “Judicial Expense Act,” is contrary to the great weight of authority and should not be allowed to become a part of the organic law of Kentucky, no matter how urgent the need for revision of some of its supposedly outmoded limitations and restrictions upon the salaries of public officials. The judgment in favor of the Judges and Commissioners of the Court of Appeals is predicated, and must stand or fall, upon the provisions of Section 3 of the Act.…

2Cases cited18 opinions

  1. Peay v. NolanTennessee Supreme Court · 1928
  2. State Ex Rel. Banker v. ClausenWashington Supreme Court · 1927
  3. Dixon v. ShawSupreme Court of Oklahoma · 1927
  4. Jones v. HossOregon Supreme Court · 1929
  5. Ashton v. FergusonSupreme Court of Arkansas · 1924

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