James v. Walker

Dissenting Opinion by

Chief Justice Hobson.

By section 222, of the Constitution, militia officers may be appointed “for such terms not exceeding four years as the General Asserbbly may from time to time direct and establish.” By section 2677, Kentucky Statutes, the term is fixed at three years. Appellee was appointed June 19, 1905, for a term of three years, and presumably has been re-appointed as it is alleged that he has continued in the service; but when he was reappointed is not shown. By the statute in force when he was appointed his pay was fixed at $3 a day. (Kentucky Statutes, 1903,…