Barker v. Barnes

CLAY, Commissioner. This action was brought by a circuit judge against the commissioner of finance and the state treasurer for a declaration of rights and to require the payment of additional compensation for the year 1951. The claim was denied. The controversy involves constitutional and statutory salary limitations, and arises because the plaintiff, appellant, held two different public offices during the year. From January 1 to February 19, 1951, he was commonwealth's attorney for the eighteenth judicial district. On the latter date he was commissioned a circuit judge (by virtue of appointment) and performed the duties of this office for the remainder of the year.