Reports of Cases Argued And Determined in the Supreme Court of ..., volume 52
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 52
Alabama Supreme Court
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Commonwealth, 1 Bush (Ky.), 1 ; Lowe v. Commonwealth, 3 Metcalf (Ky.), 237. The legislature may change salaries, unless expressly prohibited, because it fixes them in the first instance. If the Constitution fixed the pay, as well as the qualifications, the legislature would have no power over either. 66 N. C. 603. The indictment is not evidence of guilt, and the legislature cannot make it operate as proof of guilt. Morgan, Lapsley & Nelson, contra. — The act merely provides a suspension from th...e discharge of the duties of the office, without amotion from office. This power resides in the legislature, even where the office is created by the Constitution, unless it forbids its exercise by direct prohibition, or by indi- rection, as where the Constitution provides how the officer shall be removed. Brodie v. Campbell, 17 Cal. 11. The suspension provided by the act is not a punishment, nor is it a superadded qualification ; it is merely stating a condition upon which the solicitor is prevented from discharging the duties of the office.
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