Biennial Report of the Attorney General Volume 5 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...sheriff of any county, and the guard when paraded for drill, encampment, target practice, school of instruction, or other duty under orders of the commander-in chief, shall be paid the following compensation for time actually on duty: " "' " The section then fixes the compensation which each officer and private shall receive during the time he is actually on duty under the call of the commnnder-inchief. The provision of section 2184 of the code, as amended by the thirtieth general assembly, gives the governor power to call out or detail for target practice, school of instruction or such other practice or instruction as he may deem advisable, members of the guard for a period of not exceeding ten days in any one year. The officers and enlisted men when called out for such service by the commander-in-chief are entitled to the compensation fixed by section 2212 of the code as amended, and there is no power given by statute to the commander-in-chief or other officer of the guard to alter the compensation so fixed or to pay either to the officers or enlisted men any other or different compensation than that fixed by statute. It is a well settled rule of law that, where compensation is fixed by statute for the performance of any duty. the person performing such duty is entitled to the compensation fixed, and that no increase or diminution of such compensation can be made. Under this rule it is not, in my opinion, within the power of the commanderin-chief or any other officer or person, to fix a different compensation for the officers and men who are called out to engage in competitive target practice, than that fixed by the statute, or to take the gross sum of money which the officers and enlisted men so called out are...