, 1874-07-16

which II hal been phcel by Tho adoption |
moF 9o FIX "n
money ior !hs payne,t q s.sros, and horsby To..a
municipal ofcots without violating Tho constitutional
provision. Accordingly Boo. ia aho!e quntea has
since tho tic adoption Of tho prcacnt @ Gonsnon, md
from bat tlmo 10 tho present tic salary Of no munle
" lng for
propratiouB have invariably bocn made Oh account Of
II secina to 1ne that this view Of tho subject.
uAnMoaIzEs THEsE eRyENAL rtovleioNn
OF our Charter. and particunrly Heo. So Of Chap
TINT any other or lEoront construction must neccs-
sarily destroy tho charter provision and rendor It
1noporatro and void.
officers were not nxcd and established by any general
appropriation hl nor By any general law Of tho State
isia, '-''''- 9''~ A ~ ~
for the Common Council to provide for the payment
or tie sala.iea Of these officers aud employees in tho
that s recent ofcin action III TINT regard ia In no
respect In oonrAyenion Of any proTsion OF tho con-
stitMtion Of this 9tate.
When Judge Norton, the Corporation Counsel,
gave his opinion that those salaries could not be
legally Increased, he added thereto the deolara-
tion that all lawyers shared this view. How far
this Was correct vii. appear from tho following
accompanied Mr. Jancsous opinion:
GouDY AND LAwREsoE.
we havo o1aminea u tue question ~ to the validity Of
oomrensaton Of certain oicers elected or appointed
ordinance of juno, Isl? sad The tie aas.ien j. not
IL lawful and Tho payment Of tile several accord
ing to such appropriation ordinance is not prohibited
ny tho Constitution OF tho slates ~, , ~
CHICAGO, July 10, 1874. o. LAWRENCE.
AYEn ; KALEs.
On the 21d OF April. 1875. act passed by the
General Assembly Of This State which took effect from
and after ita p,'aage provi1ne a. tollowa:
Gil legislative authority Of any city III .liu State to
establish aud TX the amount Of salary to 10 paid any
Ind ~ city ss s'ts ny 1
tion bill ordinance uado for tho purpose Of pro-
vldiug for tbs annual Of any a1ch city. or by
appropriation bill or ordnance, and the salaries or
compensation thus n1ea o. establishea shaA neither
IL oT sl s
passage II sa annual appropriation bill or ordinance;
during the year for which such appropriation Is msdo,
and extra compensation shall ever be niioWea TO
viIed in tnanner sforcaald"
tory Of the eIty charter approved Fob. io 1861 It
IL alao provided by tho nlarter that 'all appropria
tions =, shall be male within Tho arst quarter
&C mn ss 81 e IL ut DAY 4 Apr n eyory
Tho municipal election IL required be hold tho
@ ns1t s1S ssr s @ , o
enter upon tho utea Of their respective oices tho
r.t Monday of pseemher saessodsug a. helr escon
Mayer, City Attorney, aud oher officers chosen
for tho term Of two years and soon after hcJ entered
liz ofce until removed, Or successor Should ba at-
pointed The charter providing that this officer shall
be removable at all tmea st 1o pleasure Of thS Mayor
tto Common Council june 80 ISIS. tho sum Of s5,ooo
sud e sls q <4uOo for tic salary Of the comptrol
sasS sh {Ss 1ssyS:s Ss II;
amounts appropriated for Tho payment Of
saiarica to tie respective officers and employees
the rate per of the amounts respectively ap
proprlatea, unless otherwise lawfully provided for"
he sss vas
by the Common Council. By which tho sliEn Of $4,000
appropriated for tho Balary Of tho City Attorney.
and ta SUN Of ssooo for Tie salary Of t9s Comp
ending Msrch Il, ISIS, aud Till ordinance contains
@ tho =, of I
~ rs ssasf.l oFdinaaes establishing tho s,1sr1e.
Council ss sssF nor ''fn sf Dese
Our i si feaueatea up upon Se s aSeoa ~ss:
tho appropriations thus male invalid becauso Of
that ctuBe Of the Constitution which proytdeB that
hcer who Is elected appointed for definite term Of
Office shau DO Increased or diminished during such
.erm."
the Comptroller III concerned, III he Ia Not m olcer
elected appointed for detnite term Of Office, It ia
clear that ho IL within uecr tho letter the spirit
of tho prohibition Ah respects tho City Attorney. 1t
may bo Ba1 that his compensation has been Increased
by tho appropriation in question during hs term Of
oce, aud this Is true Id certain Aenee but not, ae
wc think, Within the Re!lsD Of the words useu
IN tho Constitutional provision referred to.
1Aary compensation Of 1nuuioipa1 officer. which
has been definitely fixed by law for bio term shall be
either increased OF lsiniths during that term Thia
Is Implied hy ha lse Of tho wors Increased or Ill
,ninisAcd" II the ealary haB not been established
whsn The oicer enters upon Ills official duties, there
Bs M 9a s
that purpose and where the SALARY Of tho oleer left
r. IT, Of s e to BE-
you'd ts expiration Of ihe hatal year, while the sa'at
ed, we can porceiyo no sound reason
hodn t hs % for tls net
" tor r Of 1t, neither tho officer tic public
annual stipend to 10 paid lin during tho connnauct
Of bis office, but the engagement IL TINT tho o1eei
wch bi ps
| wards for tho compensation that nay be determined
upon n tho legal mode by the proper lawfl authority
ba It ,nors Or iesa. Although in such case the
impoverished aud paid for Ae saary In any ono yes,
| that appropriated the preceding year, It would uo
bs strictly true that the sa!ary fur tho tern sloult
be either increnEed dtminshou. There could be ri
increase or dtmanton in such esae, for The reaso1
that the saary for tho period portion Of tbs tern
covered by tho last appropriation had neser befoIt
been legally csahlis1,sd. in tho case Of the Cit,
Attorney no. only has ordinance boen passed ostab
sng lila salary for ths uutlro term. but thc s1res'
provision Of Inv is that tho EslnrY nhalt 10 deter
niue1 by tho Common Council from year 10 year a
or before the time Of making the annual appropria
tons; and tho practice for many years has been In
| conformity to this aatute. AVER d RALEs.
CHICAGO, July II, 1874 .....
JAMES II. KNoWLToN.
! T,hs Hon. s. s. Hayss, City Compfru!feE, ttc.:
| have examined the ppin!0u Of Il. Jaln!eaon hq.
Oily Attorney, upon Tho question Of incscaas Of "
salaries nr compensation 10 DO pAa to municipal oil
cers Of t1s city, and have carsslly considered thai
opinton aud Tho Constitution, laws, anu ordinances
pearng upon the h,sbjsct; and, upon such considers
ton, am clearly Of the oplnio that tho reasoning
and conclusions Of AIR. J4n,IcBoH, containnl III hit
opinion to yo. srs throughout legally sound and cor
| rect. Yours, kc, -..
| CHICAGO. July IL, 1874.