672 JOURNAL OF PROCEEDINGS [Mar. 8,

2. It seems to me very clear that construing these
sections by themselves, there can be no question that
the Legislature is authorized to pass an Act increasing
the salaries of the Judges named. I reach this con-
clusion because, though I think that if the sections
referred to had said the salary shall be $3, 500, $2, 800
and $3, 000, respectively, without other words added,
such language would have fixed the salaries at these
figures, so that the Legislature could not add to or
diminish them, yet inasmuch as there are added the
words "which shall not be diminished during their
term of office, " the whole taken together is to be con-
strued as an implied grant by the Constitution to the
Legislature to deal with the subject of the salaries
with a limitation of the power thus granted, which
limitation consents in the prohibition to decrease the
salaries. In no other way can force be given to the
words "shall not be diminished"

If it had not been intended to commit to the Legis-
lature the power to deal with the subject of the sala-
ries, the sections would have followed the form adopted
by the Constitution of 1864 (Art. 4, sec. 21, ) which
says: "The salary of the Justices of the Court of
Appeals shall be $3, 000 each, per annum, payable
quarterly. " When, therefore, there follows, in the
Constitution of 1867, after the words naming the sal-
ary, words prohibiting a decrease, it of necessity fol-
lows that this Constitution contemplated action of the
Legislature on the subject; and so contemplating
action, saw fit only to prohibit action in the line of
decrease, and so impliedly authorized action in the
opposite direction.

3. While I do not think it is necessary to enforce
this construction by reference to the Constitution of
1851 and 1864, yet this reference strongly confirms the
said construction. The Constitution of 1851 (Article
4, sections 4 and 9), after warning the salaries of the
Judges of the Court of Appeals and of the Circuit
Judges, at $2. 500 and $2, 00, respectively, adds the
words "and shall not be increased or diminished, dur-
ing their continuance in office, " and also added these
words, "and no Judge of any Court in this State shall
receive any perquisite, fee, commission or reward in