1892. ] OF THE SENATE. 585

The City Judges may receive so much more salary,
but not one cent more. It thus appears evident that the
farmers of the Constitution intended that there should
be a certainty and fixity in the salaries of Judges,
that being in the nature of constitutional provisions.
The salaries being named in the organic law, should
not be liable to be diminished or enlarged, should not
be subject to the uncertain action of successive
Legislatures or City Councils.

Such a condition of things would be unbecoming
the dignity and honor which attaches to the Judicial
office. It was intended that the Judge should not be
subjected to the influences growing out of a biennial
increase of salary in view of the increase of Judicial
duties imposed upon them by successive Legislatures.

As we understand it, the Constitution is to be con-
strued as a whole, the different parts bearing upon and
relating to the same subject-matter are not to be con-
sidered independently, the one of the other, but
are to be reconciled and made harmonious, if possible.

This bill is an appeal to legislative power and
action. We look at section 35 of Article 3. It lays
down the lines and puts the limits to legislative action
in the matter of a diminution or increase of salaries of
public officers of the State. What does it say ? "Nor
shall the salary or compensation of any public officer
be increased or diminished during his term of office. "
No exceptions are provided, but any, that is: Every
public officer is included in this inhibition on legisla-
tive power and action.

This is a positive negative provision, broad and all-
embracing in its scope and intention, the evil to be
provided against is the same in each and every case.
It positively takes hold of legislative power and action
and prohibits either the increase or diminution of the
salary "of any public officer. "

Now is not a Judge a public officer as much so as
a Governor, Comptroller or Treasurer ? If he is not a
public officer, then what is he ? and if the term any pub-
lic officer ex m termini includes a Judge as well as the
Governor, Comptroller or Treasurer, how can the
Judge be exempted or excepted in the matter of an
increase of salary from absolutely prohibitory check
on legislative power and action ?