1892, ] OF THE SENATE. 583:

In the first place it is not fair to convict the framers
of the Constitution of 1867 of such want of knowledge
of, Constitutional law, and the force and weight to be
attached to positive organic provisions. A positive,
affirmative proposition or provision in the Constitu-
tion has all the force and effect of a negative propo-

sition or provision. Constitutions more, generally deal
in affirmative positive propositions and provisions'.
The framers of the Constitution of 1867 must have un-
derstood this. Why, then, it will be asked, attach
the provision that the salaries shall not be diminished
during the continuance in office ?

We will answer, that while it is not always an easy
task to ascertain and give the true reason in a matter
like this, it may have arisen in obedience to the prin-
ciple contained in the legal term or phrase "Ex
abundanti cautela" or from an abundance of caution.

It may have been regarded "as essential to the im-
partial administration of justice and a great security
to the rights and liberties of the people, " and "to the
independency and uprightness of the Judges" that the
assurance of these salaries, as "nominated in the
bond, " should be made doubly sure, certainly these
ends co aid not be promoted by holding out to the
Judiciary the inducement that having accepted an
office for a fixed term, at a salary named, they,
the Judges themselves, or their friends, at the
very next session of the Legislature, or at any fu-
ture session thereof, could make application for
an increase thereof. If the salary can be increased
at one session of the Legislature it may be further
increased at another, and so on throughout the term
of office, and while this increase may go on at succes-
sive sessions of the Legislature, if it is done in accord-
ance with constitutional power, it can never be dimin-
ished. As to the matter of increase, if the salary is
not fixed and determined by organic law, it rests
al together in the judgment, whims and caprice of every
successive Legislature. This would be a most unde-
sirable condition of things, and might affect seriously
the independence and uprightness of the Judiciary.
The use of the legal term or phrase "Ex abundanti
cautela" in the law books indicates that constitutional
and legal and contractual provisions are made where
there exists actually no necessity for them.