Greenleaf v. Woods
Court of Appeals of Kentucky
Case 38.“ACTION BY J. J. GREENLEAF, JUDGE, AND OTHERS AGAINST O. E. WOODS, MAYOR, FOR SAT.ARY AS POLICE JUDGE. — Appeal from Madison Circuit Court. J. M. Benton, Circuit Judge. 1. The city council is expressly empowered to fix the compensation of the police judge by ordinance. 2. The word compensation is much broader than the word salary, and includes clerk hire, office rent, fuel, stationery, traveling expenses and any other item incident to the holding of an office.
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Case 38.“ACTION BY J. J. GREENLEAF, JUDGE, AND OTHERS AGAINST O. E. WOODS, MAYOR, FOR SAT.ARY AS POLICE JUDGE. — Appeal from Madison Circuit Court. J. M. Benton, Circuit Judge. 1. The city council is expressly empowered to fix the compensation of the police judge by ordinance. 2. The word compensation is much broader than the word salary, and includes clerk hire, office rent, fuel, stationery, traveling expenses and any other item incident to the holding of an office. (Am. & Eng. Ency of Law 23, 385, 389 and note 1.) 3. There could be no question raised to the validity of an ordinance…
1Opinion of the Court
Opinion by
John D. Carroll, Commissioner —
Reversing.
The council of the city of Eichmond — a city of the fourth class — enacted, prior to the election .of Green-leaf as judge, an ordinance fixing the salary of the police judge at $600 per year, and the salary of the clerk of the police court at $200 per year, the salaries to be due and payable at the end of each month.
Section 3555 of the Kentucky Statutes of 1903 provides that the treasurer shall pay out money upon warrants drawn by the mayor and countersigned by the clerk of the board of council.
*308The appellant, H. R. Tevis, was appointed by J.…
2Cases cited1 opinion
- Henderson v. CommonwealthCourt of Appeals of Kentucky · 1906
3Cited by3 opinions
- Adkins v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
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- Territory of Hawaii v. ShinoharaHawaii Supreme Court · 1957