Samuel Freeman Miller

“ We do not think it important to decide in this case whether such a clerkship is an office within the meaning of these sections of the law and the constitution, because sections 1764 and 1765 both include in their prohibition officers, clerks, and other persons. The proposition of the comptroller that the clerk is not an officer is made to meet his concession that a person who holds two distinct compatible offices may lawfully receive the salary of each. ”

“ No person who holds an office, the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars, shall receive compensation for discharging the duties of any other office, unless expressly authorized by law. ”

“ Gen. Black seems to be in conflict with the principles laid down by his predecessors, and is materially modified, if not overruled, on the point mainly in question here, by his opinion in the Case of J. P. Brown, on page 507 of the same volume. ”