State v. Sanders
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Suit by the state of Alabama against W. H. Sanders as State Health Officer, to recover excess of salary. Judgment for defendant and the state appeals.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Suit by the state of Alabama against W. H. Sanders as State Health Officer, to recover excess of salary. Judgment for defendant and the state appeals. The office of State Health Officer is a public office.—United States v. Morris, 2 Brock. 96; Bradford v. Justices, etc., 33 Ga. 333; §§ 698, 702 and 704, Code 1907. This being true, any authority to increase or diminish the salary during the term of office is rendered void because violative of § 281 of the Constitution. Unless it appears that the executive officer of the State…
1Opinion of the CourtMayfield, J.
The state brought suit against appellee to recover of him the sum of $2,333.10. This sum was claimed by the state to be due as for the amount paid appellee by the state board of health in excess of his salary authorized by law.
Whether there was any excess paid appellee depended upon whether or not the state board of health had the authority to increase his salary or compensation during the term of office for which he had been previously elected. Whether the board had authority to make the increase of salary or compensation during the term for which appellee was elected depended upon the…
2Cases cited11 opinions
- United States v. GermaineSupreme Court of the United States · 1879
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872
- State v. SpauldingSupreme Court of Iowa · 1897
- Touart v. State ex rel. CallaghanSupreme Court of Alabama · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Parke v. BradleySupreme Court of Alabama · 1920
- State Ex Rel. Ward v. HenrySupreme Court of Alabama · 1931
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- State Ex Rel. Hyland v. BaumhauerSupreme Court of Alabama · 1942
- State ex rel. Terry v. LanierSupreme Court of Alabama · 1916
21 more not listed; retrieve them via the Exa API.