576 JOURNAL OF PROCEEDINGS [Mar. 8,
This subject then seems to be one that is specially
provided for in the Constitution, and is not intended to
be embraced in the general provision of Article 15, sec-
tion 1.
Turning to Article 3, section 35, which provides that
the salary or compensation of any public officers shall
not be increased or diminished during his term of
office, I do not think that section is intended to apply
to the case of Judges. The well known rule of con-
struction which requires us to construe the different
parts of a law so as to give effect to every part if pos-
sible, would forbid us to construe section 35, of Article
3, in such a way as to bring it in conflict with any
other provision of the Constitution, if such conflict
can be avoided. To construe section 35, of Article 3,
as applicable to Judges, will be to make it conflict
directly with Article 4, section 24, as I shall presently
show, while such a construction can be given to Article
3, section 35, as will give effect to both that section
and section 24, of Article 4.
Section 24, Article 4, when construed, as a similar
provision of the Constitution of the United States
has been construed, plainly imposes no restriction
upon the Legislature so far as the increase of the sal-
ary of Judges is concerned. The language is almost
and for the present therefore notwithstanding the
same as the language of the Federal Constitution,
Al ticle 3, section 1, which prohibits any diminution
of salary during the term of the Federal Judges.
The provision of Article 2, section 1, of the Consti-
tution of the United States with reference to the salary
of the President is as follows: "The President shall
at stated times receive for his services a compensation
which shall neither be increased or diminished dur-
ing the period for which he shall have been elected. "
The provision of Article 3, section 1, of the Constitu-
tion of the United States with reference to the salary
of Judges is as follows: "The Judges both of the
Supreme and inferior courts shall hold their office
during good behavior and shall at stated times re-
ceive for their services a compensation which shall
not be diminished during their continuance in
office. "
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