Talbott, Commissioner of Finance v. Thomas

Dinning, Special Judge

(dissenting).

Because of the public importance of the question involved in this case, the minority deems it proper to state the reasons whicii impel us to dissent.

We believe that the benefits which the General Assembly by Chapter 131, Acts of 1940, granted to the judges of the Court of Appeals upon retirement from office under the conditions therein stated are not pay or compensation, but gratuities, given by a grateful people in recognition of public services; that the power to enact such legislation is inherent in the General Assembly unless prohibited by the…