Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1884-04-24

uOU tIlOu uuull aitVA IA ph
March, which resulted in the election Of
three new members in place Of the same
number whose term expired. We are
told that the matter was brought before
the new or present Council before the
case was tried and that the Village At
tOrney wa authorized to offer Mr.. Per-
ry $50, in addition to the $50 already
paid. in settlement, that the offer was
made to Mr.. Perry's attorney and de
clined. The case thea came on to trial
and resulted in & verdict in favor of Mr..
Perry in the sum of $166.25, he having
already been paid $50, making in all
$216.25, or $116.25 more than Mr.. Perry
aver laid claim to before the Council.
When the result Of the trial was ON
municated to the Council, that body nat
urally enough came to the conclusion
that there must be something wrong
somewhere. That either the charter
needed amending or the court was in
error in its construction Of it. The fact
was patent to the Council that only 800
was claimed before the Council, and that
the court had in effect allowed $2f6.25.
Unless we are misinformed, the subject
was talked over and discussed dispas-
sionately and with a view to proceed in
the matter according to the best judg-
mept of the Council, in such a manner
as would be to the interest Of the viii
lage. That during thsinformal
discussion it was the unanimous judg-
ment of the Council that the case ought
to be removed to the Supreme Court, and
that the question of Offering Mr.. Perry
$50 wa an after consideration, and
probably On account Of the fact that
possibly he might be justly entitled to
receive the sum he had first claimed.
As a matter of course it is useless to
discuss the question as to what secret
motives may or may not have Influenced
the Council. One cannot fathOm a mans
motives. We can only judge him by
| his acts.
The ten different gentlemen before
whom the matter has been in one shape
or another are well known citizens Of
the village, and it could hardly be ex-
pected that they would be actuated by
other than an honest desire to serve
the interest Of the village.
1t would seem that a pretty safe rule
for the Council to be governed by in cases
where different interests are involved. is
to consider what course good business
principles would suggest, and then act
accordingly.
With reference to the trial of the case
and the finding in favor of Mr.. Perry
upon the merits, there seem to be some
misunderstanding. AS we understood
it, the jury really had but very little if
ANYTHING to decide. That it was prac-
tically admitted that if Mr., Perry was
entitled to recover whatever he could
prove his services were worth, and the
court so held. then he wa entitled to
recover the sum stated. 1t may perhaps
be claimed that aver this view does not
change the fact that the verdict was
upon the merits, That would probably
be true if there were no dispute as to
what the real merits were.
The court decided that because the
Council had failed to fix a salary, Mr..
Perry was entitled to recover. The COun-
| ell claim that it has the right to fix or
withhold salaries, in such cases, and
that Mr.. Perry so understood it when he
accepted the Office, hence he cannot
Justly claim such salary. Tho court
held that Mr.. Perry had a right to reeov-
or for unofficial services. The Council
claim that before a suit is commenced
against the village, and expenses incur
red, the claim upon which it is founded
should be brought before the Council,
and an opportunity be given them to ex-
amILe it and that unless that be done a
person is not justly entitled to recover.
Mr.. Perry claims, and the court so
held that, he had a right to recover in
| excess of the claim presented to the
Council. While on the other hand the
Council claim that as a matter of sim
pie justice TO the people, he would not be
entitled to recover in any event, beyond
the balance of the claim presented to
the Council viz $50, hence may be seer
some Of the difficulties in the way of all
parties reaching the same conclusion as
to the real merits.
1t is also stated that at first the Cir
cult Judge was inclined to shut out any