Legal Opinion · Dissent

Commonwealth v. Hesch

Court of Appeals of Kentucky (pre-1976)

Decided October 29, 1965Published

1DissentMontgomery, Judge

It is with extreme reluctance that I dissent from the majority opinion. The county officials should have their pay raised, but the proper way to do so is by amend*364ment or revision of Section 246 of the Kentucky Constitution as provided therein rather than by judicial fiat.

The majority opinion gives no constitutional authority for evasion of Section 246, which places a limitation on the compensation of public officers. The pertinent portion of the section follows:

“No public officer or employe except the Governor, shall receive as compensation per annum for official services * * * any amount in…

2Cases cited4 opinions

  1. Stone v. PryorCourt of Appeals of Kentucky · 1898
  2. Matthews v. AllenCourt of Appeals of Kentucky (pre-1976) · 1962
  3. Board of Education of Graves County v. De WeeseCourt of Appeals of Kentucky (pre-1976) · 1961
  4. Perkins v. SimsCourt of Appeals of Kentucky (pre-1976) · 1961

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API