State v. Surety Finance Co.

This appeal by the state brings before us for decision the question as to whether the salary of a constitutional officer of the state can be lawfully garnished. The officer whose salary is involved was the Secretary of State during the years 1931-1932. His office is provided for by the Constitution, and the salary was fixed therein until otherwise provided by the legislature (Const., art. 5, §§ 1, 13). At the time of the garnishment, his salary was fixed by the legislature.

In State v. Roseberry, 37 Ariz. 78, 289 Pac. 515, we held that the legislation contained in chapter 50, Session Laws of…