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Higginbotham v. Baton Rouge, 306 U.S. 535 (1939)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Higginbotham v. Baton Rouge, 306 U.S. 535 (1939)
Higginbotham v. City of Baton Rouge No. 462 Argued March 3, 1939 Decided April 17, 1939 306 U.S. 535
APPEAL FROM THE SUPREME COURT OF LOUISIANA
Syllabus
1. Before the expiration of the incumbent’s term, the municipal office of Commissioner of Public Parks and Streets to which he had been elected was abolished by later legislation, pursuant to which he was employed, until the next election, to render as Superintendent of Parks and Streets under control of the Mayor the same service pertaining to the governmental functions of the city in the supervision of its parks and streets as he had rendered as Commissioner, and at the same salary. Held that later action of the legislature and the city terminating the employment before the term had expired was within the legislative power over public offices, and not an impairment of contract obligation within the meaning of the contract clause of the Constitution. Pp. 535, 539.
2. While this Court, in applying the contract clause of the Constitution, must reach an independent judgment as to the existence and nature of the alleged contract, great weight is attached to the views of the highest court of the State. P. 538.
190 La. 821, 183 So. 168, affirmed.
Appeal from the affirmance of a judgment dismissing the complaint in an action against the City to recover money alleged to be due as salary.
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Chicago: U.S. Supreme Court, "Syllabus," Higginbotham v. Baton Rouge, 306 U.S. 535 (1939) in 306 U.S. 535 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=WVUT9WLHRLPYIIU.
MLA: U.S. Supreme Court. "Syllabus." Higginbotham v. Baton Rouge, 306 U.S. 535 (1939), in 306 U.S. 535, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WVUT9WLHRLPYIIU.
Harvard: U.S. Supreme Court, 'Syllabus' in Higginbotham v. Baton Rouge, 306 U.S. 535 (1939). cited in 1939, 306 U.S. 535. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=WVUT9WLHRLPYIIU.
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