Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1884-05-01

q VA OAQlnOLNO NV GVss yOu VIII OOSSIN0
that members OF the Board OF Water
| Commissioners are prohibited from be-
ing Interested in any work on account
OF The water works etc.
Mr.. Perry claimed OF the trial that he
was entitled to recover from the village
for his services an account of his Of
fetal position as a member Of the Board,
and also for his services in connection
with the construction Of the works and
distinct from his official duties.
Iclaimed IN behalf Of the village:
LIST. That the absolute and only au-
thority TO fix salaries of the Board of
Water Commissioners was vested in the
Council.
I'd. That the Council were under NO
obligation to pay any salary.
81. That no member Of the Board
could claim any pay for any services
outside official duties, when such seryi.
ces were performed in connection with,
and by reason Of his official position.
4th. That no member Of the Board can
claim pay for his services.
9Th. That before suit could be main
tanned, the claim upon which it is found
ed must FIRST be presented to the Coun-
Gil.
9Th. That Mr.. Perry having presented
his claim Mt the sum of 800, could not
claim a larger OF different sum-.
9TH, That as Mr.. Perry never made any
charge for his services gt the time they
were rendered, and then presented his
claim for 500 that any services per-
formed beyond the 500 in value receiy-
ad have been done gratitoasly.
The Court held that as the salary of
the Board Of Water Commissioners had
not been fixed by the Council before
the services were performed, Mr..
Perry had a right to recover from the
village, what he services were worth,
and charged tie jury ~ follows:
1st. THE plaintiE Is entitled TO re-
cover what his services were reasonably
worth as such Commissioner, and what
such official services were worth, ysu
mast determine from the evidence In
the ease" Ah
I'd. "In the matter of the services rsnd-
cred at request Of the Board of Water
Commissioners, he il entitled to recover
what those services were worth.
l think the foregoing. Is the position
IL substance, taken and occupied BY all
parties upon the trial, and OF course the
verdict of the jury under the charges %
given by the Court could not have been
materially different than 90 STATED for
l presume M n will deny that hts var
vices were actually worth more shan
the Council allowed. But / presume
when the Council allowed tho $50,
that they he'd in view the fact that each
member of that body was required to do
q large amount of work for which they
received no compensation, and though
the members Of the Board of Water Com
missiOners should IN q measure demon
strate their patriotism in working for
the village without much compensation.
The question naturally suggests itself
now, what is to be done under the cir
oumstancesp
My Judgment and opinion is that the
ease should DO taken to the Supreme
Court, and the legal questions involved
passed upon by that tribunal, and for
very many reasons, among which are:
lst. That the Circuit Court erred In
holding that because the salary had not
been fixed by the Council, the plaintiff
was entitled to recover.
I'd. That the Court erred in holding
that the plaintiff was entitled to recover
for any unofficial services performed at
the request Of the Beard Of Water Com
m~issioRers especially in view Of the pro.
hibition provided by ordinance.
If the law governing such cases is az
laid down by the Circuit Court, and the
rule as settled by the Court prevails,
there appears to me to DO the cause fol-
grave apprehensions as to what kind OF
and how much litigation the village
may be involved in, for it must be borne
In mind that Mr.. Perry only sued fol
one years salary and services. while his
second year is practically ended, when
he would have the right to maintain
another action, and also that there are
two other members of the Board, with
their hands wide open ready to receive
their pay for two years services each,
and farther / think a fair construction
Of a portion of the ratings Of the Court
would warrant members of the Council
In demanding pay for much of thu
work done by them outside their official
duties, because it is hard to discover
wherein a considerable part of the worb
performed by Mr.. Perry in its relation
to his official duties, differs materially
from much work performed by members
Of the Council.
4th. In nay judgment the many lega
propositions iRyolyed, and saved on tht
trial, in their hearing upon the future
actions Of the Council are OF sufficient
interest and Importance, to make it ad
visable to obtain a decision from tn,
Supreme Court, even if the very worst
consequences should happen, viz an af
irmance by that Court of MI. Perry
Judgment
Now gentleman | have endeavo red Il
present the situation to you in a clear
6 and comprehensive manner, and hav,
: simply TO again advise the removing tn,
case to Supreme Court, and after listen
ing to the arguments of Mr.. Perry
Council and the reasonings Of the Court