The Portland daily press., 1882-03-07

| The regular monthly meeting of the City
| Government was held last night.
IN BOARD OF MAYOR AND ALDERMEN.
| The full ward was present and the following
| business transacted:
| The various annual reports of the subordin-
| ate city officers were received and ordered
| printed.
An order was passed that sum of money
equal to the interest unpaid by the Grand
| Trunk Railway Company, be transferred from
| the sinking fund account to the account of in
| come The amount to be transferred is $47,-
| 220.
Alderman Winslow from the joint special
| committee on ward lines, reported that they
| change of the present lines.
The opinion of the city solicitor on the police
| question was read as follows;
| PAYING PoLIcEMEN's SALARIES.
| To the Honorable the Mayor and Aldermen Of
the City Of Portland:
| Your Honorable Board at its lest regular
meeting passed the following order:
| "That the City Solicitor be requested to
| furnish to this board, at its next meeting, his
written opinion as to when policeman's
| salary is due, according to the appropriation
| bill, rules and regulations and custom;
whether he is entitled to his salary when ne
| does not perform policeman's duty"
| 1t clearly is not my province to advise the
| board as to what gratuity they shall give to
policemen who have lost their health in the
service of the city. But am called upon un-
| der the above order to state in writing what
are the legal rights and liabilities OF the city
By the salary bill of 1881 the salary of each
| regular policeman was fixed at $3.50 per an
| mum. By this salary bill the compensation OF
| policemen was fixed Its construction Is clearly
| settled by numerous and recent decisions OF
| the courts. By those decisions it is clear that
| fixed yearly salary cannot be held to estao-
| lish sum to be paid to an officer or employe
| whether he renders services or not, bat that 1t
| establishes the rate of compensation. The
| right to such compensation grows out OF the
| rendition of services. So that if for any por-
tion of the year police officer does not render
services to the city he cannot recover OF the
| city in suit at law for the time he has not
| rendered services. The liability of the city is,
| in the language Of a recent Chicago case, to
| nav such proportion of the salary "as the time
| he has actually worked bears to the whole
time agreed upon" In other words the city
| cannot by the courts be compelled to pay for
something it never had. This case is fully
| city in Albany Law journal, vol. IL, page 463,
| and the principle is discussed.
A recent case in the New York Supreme
| Court has applied these familiar rules to the
1
| VS.. French, II Reporter, p. 5S1.
It is certainly natural and proper that the
| sympathy of all citizens should be excited by
| instances of policemen who have lost their
| health in the city's service, but if remedy is
| sought in the courts the rules Of law must OF
i course be followed.
Rule IA of the Rules and Regulations of the
4 city for the government of policemen has been
| brought to my attention. That rule is not q
| statute or an ordinance and forms no part of
| any contract between the city and policemen
I cannot see that it has any signifca nee in the
| matter as submitted to me, except that 1t would
| prevent the city from Withholding from po-
liceman his pay for term OF sickness Tess than
| ten days.
| After as full an examination of authorities
as can give am of the opinion that police
| man cannot in a suit recover OF the city Tor
services during time when he is incapacita-
/ ted from rendering service.
The rules of law upon which this opinion
is based are found in many decided cases,
among which are: Cutter VS.. Powell, Smiths
Leading Gases, vol 2, D. AZ; Ryan VS.. French,
New York Supreme Court, The Reporter, vol.
ZIP. 582; seaver vs. Morse, 20 Vermont D.
Respectfully submitted,
CLARENCE HALE,
City Solicitor.
This report was received and ordered Oh
file.
Geo. w. Deering & Co., petitioned for per-
mission to erect and maintain steam engine at
15S Commercial street. Permission was grant
ed.
The assessors made their annual return OF
abatements ofItaxes in the city for the past year
Action on the same was postponed until the
next meeting.
A petition of the residents on Turner street
for sewer was referred to the next city gov
ernment.
Tne committee on cemeteries and public
grounds to whom was referred the petition OF
Abram Whitmore and remonstrancesof William
Burrows, recommended that the remonstrance
be granted. Report was accepted.
Alderman Little in behalf of the committee
to whom was referred the petitions OF the two
electric light companies. reported that the
committee had held no hearing and moved
that they be referred to the next city govern
ment. The motion was passed.
Adjourned until Friday evening.
IN COMMON COUNCIL.
Papers from the upper board passed in con-
currence, and the other board adjourned to
1880 p. m. Friday, March 10th.