Smith v. Harlan County Fiscal Court

While I concur in the result, I differ with the majority on the fundamental issue of the constitutionality of KRS 64.255 as applied to justices of the peace now in office. It is my view that Sections 161 and 235 of the Kentucky Constitution plainly and definitely forbid the application of the provisions of KRS 64.255 to justices of the peace during the present term of office, which began the first Monday in January 1958, for the obvious reason that the statute authorizing the compensation was enacted and became effective during that term of office.

To me the case of Adams v. Slavin, 225 Ky.…