101 S.W.2d 198 | Ky. Ct. App. | 1937
Affirming.
Claiming that his compensation as police judge of Olive Hill, a city of the fourth class, was illegally diminished after his election and during his term of office, J.B. Craig brought this suit to recover $660, the difference between what he was paid and what he should have received had no change in the compensation been made. From a judgment in his favor, the city appeals.
The facts stipulated are as follows: Craig was elected police judge of the city at the November election, 1925, *39 for a term of four years, and in November, 1929, was re-elected for another term of four years. Prior to his election in 1925 there was no ordinance fixing the compensation of the police judge. However, on December 8, 1925, the city counsel passed an ordinance providing that the salary of the police judge be "$62.50 per month beginning January, first Monday, 1926, and continuing for the ensuing term of four (4) years thereafter." On December 30, 1929, the salary of the police judge was fixed at $90 a month for the ensuing term of four years beginning the first Monday in January, 1930. On December 28, 1931, the salary of the police judge was fixed at $62.50 a month beginning January 1, 1932, and ending the first Monday in January, 1934. For the years 1932 and 1933 Craig was paid at the rate of $62.50 per month.
Our Constitution provides that the compensation of any city, county, town, or municipal officer shall not be changed after his election or appointment, or during his term of office. Section 161, Constitution. Though the compensation of an officer may not be changed, it may be fixed after his election or appointment, or during his term of office. City of Louisville v. Wilson,
Nor is there any merit in the contention that appellee is estopped to claim the additional salary. The *40
question was carefully considered in the recent case of City of Louisville v. Thomas,
Judgment affirmed.