Omaha daily bee., 1884-12-24

w hSAN,
w @ Jackson, p FL Wind,
Peter O Miller, Chas Baughn,
George Keeline, w Grassland,
Ferd Wies, TT Evans,
keelins & Felt, L G Empkie,
+ Fl Hills
n. M. Pussy, who had been employed
by some of the signers to the above as at
torney to represent their views, and by
consent of the council he did 80. He
presented simply the legal side of the
case. he said he did not care to discuss
the question as to the value OF the SER
vices rendered by the mayor, or what
would be a reasonable compensation for
such services. The position taken by
these property.owners represented by
him was that the council had no legal
right to pay him anything. His first po-
sition was that it was w. r. Vaughan as
mayor who was sent east to sell bonds,
and not w. r Vaughan as an individual.
He claimed that by the statutes Mayor
Vaughan In taking the office entered into
a contract to perform all the duties de-
fined by statute and such other duties as
were ordered by the council compatible
with the duties of mayor. If the council
enlarged the duties of the mayor and he
acqutesced, there was no Just claim on
his part for extra compensation for per.
forming such duties. 1t mattered not
that previous mayors had been paid for
like services. One Illegal act did not
warrant another. Mr.. Pusey held that
the council could not give the mayor
compensation for services, beyond the
limit of his fixed salary, unless a special
contract was made previously. He read
the opinions of Mayne q Hunter and
City Attorney Holmes to the effect that
the city having employed him to do extra
official dutier, there was an implied con-
tract under which he could claim COM
pensation. He admitted that this was
good law as between citizens, but that
the law did not countenance such i'm.
implied contracts between the city and
one of Its officials. He read in support
of this an opinion of Judge Dillon, to
the effect that this compensation must be
by contract, ordinance or statute and
there could be No implied contract In
such cases, and no obligations on the
part of the city. In taking the office at
a fixed salary, he must be content with
that, and if the council enlarges
duties so that tthe salary seemed
inadequate, he could resign, or If the re.
quest made by the council was not CON-
patlble with the duties of mayor, he
could refuse to comply. Any other rule
than that laid down would lead to much
mischief. Every alderman would want
extra pay for some duty he might CON-
sIder was beyond his ordinary duties as
alderman. There must be first an ordi-
nance, law or definite contract made.
The request of the council for the
mayor to 90 east and sell bonds became
a part of his duties as mayor, to be per-
formed for his salary, the moment that
resolution passed. II he did not want
to perform this duty he had his remedy,
but voluntarily complying with the re-
quest, and performing the duty, he had
no right to come In afterwards and claim
compensation on the ground of there
being a complied contract. Mr.. Pusey
cited numerous authorities. In closing
ne said that If the city council refuse to
allow the mayors bill the legality could
be tested by the mayor commencing suit
against the city. On the other hand. If
the council allowed the bill, the legality
could be tested by the taxpayers com.
mencipg action. 1t mattered not how
meritorious the claim might be, it should
not be paid unless a legal claim.
Col. Daily expressed himself as of the
op 'nion that this discussion should have
been postponed until attorneys holding
different views could be present, but now
that the argument Was made he thought
action on the bill should be deferred un.
I'll an opportunity could be given him
and other attorneys.
Mayor Vaughan then offered that il
any three Of the siguers of the protest
would give the amount named In the bill