Woods v. Bragaw
Idaho Supreme Court
ORIGINAL application for writ of mandate. Demurrer to complaint. The contention of the plaintiffs is that until after the judicial salaries have been once fixed and determined by legislative act, the provisions of section 27, article 5, forbidding their increase or diminution during the incumbent’s term, have no application whatsoever, and further, that the constitutional provision as to judicial salaries contained in section 17, article 5, is merely intended as…
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ORIGINAL application for writ of mandate. Demurrer to complaint. The contention of the plaintiffs is that until after the judicial salaries have been once fixed and determined by legislative act, the provisions of section 27, article 5, forbidding their increase or diminution during the incumbent’s term, have no application whatsoever, and further, that the constitutional provision as to judicial salaries contained in section 17, article 5, is merely intended as temporarily'fixing the salary until otherwise fixed by the legislature. In section 19, article 4, where provision is made for the…
1Opinion of the CourtStewart, J.
The plaintiffs are the judges of'the^ several district courts of this state. The defendant is the state auditor. The proceeding is an original application in this court for a writ of mandate to compel the defendant to draw warrants in plaintiffs’ favor, for the quarter ending June 30, 1907, in payment of salary, at the rate of $4,000 per annum from and after May 8, 1907. The defendant demurred to the complaint.
The only question presented for decision is: Does the act approved March 14, 1907, raising the salary of district-judges from $3,000 per annum to $4,000 per annum, apply to the judges…
Also in this document: Concurrence.
2Cases cited2 opinions
- State ex rel. Wells v. TingeyUtah Supreme Court · 1902
- Carlile v. HendersonSupreme Court of Colorado · 1892
3Cited by2 opinions
- Higer v. HansenIdaho Supreme Court · 1946
- People Ex Rel. Noble v. . MitchelNew York Court of Appeals · 1917