Sacramento daily record-union., 1888-08-04
POLICE SALARIES.
EX.CHIEF DILLMAN AND THE OF
FiCEKS WIN THE SUIT.
Foil Text or Judge Armstrong :
Decision-The City Must
Pay-fitc.

adge Armstrong yesterday rendered tn
following decision. il the Superior Court
il the case OF II. F Dillman VS. the y O
Sacramento:
Ia this case the pisintif moves The Court 70
igmeut on The pleadings The complain
shows that during the months Of January, Feb
ruary and March in the year 1855, the piain,ii
gus the Chief OF Police in the city Of Sacra
nento, having been elected TO that office. tina
as such Chiei Of Police he rendered service
during those months for the city; that his saia
ry.wag fixed by law at one hundred and fftl
dollars per month, that his claim was duly pre-
seHted 10 the Board of Trustees of the city fO
allowance, but that the Board rejected II. aHc
that the claim is unpaid. The complaint fur
ther shows that J. N. Sullivan during the same
months was poIee officer having beer
duly elected 10 thai office Of the city; that nl
Fuch police officer he rendered services during
those months for the city; that his salary wa
fixed by -as II one tuLGred dollars per mott!
that his claim was duly presented = the BoarC
ui Trustees OF the city for allowance, but tha
the Board rejected it: that the claim is imp nd
ana that before the bringing of this action
sullivan assigned that claim to the plaintiff.
Inc answer admits all the allegations of the
complaint but sets up as an affirmative defense
that in the month of April, 1887, the Board o
Trustees made the annual estimate or appro
priation for the ensuing fiscal year commencing
on the first Monday in April, 1887, and levied
Police Tax OF fifteen cents on each one hundred
dollars wo tn of taxable property for the pay
ment of sa'aries of the Chief of Police and the
force; that the police force then consisted o
eleven men; that subsequent 10 such estimate
and appropriation in April, 1887, the Board o
Police Commissioners of the defendant, UithOT
the consent or authority of the Board of Trustees
increased the force 10 sixteen men besides thl
chief of Police; that in April. 1857. the Board o
Trustees considered The matter of allowing thu
salaries of the sixteen policemen, and from
April, 1887. i'll January, 1855 did allow and pay
the same: and that on the first day of January
1885, the Police Department Fund was eXh austed
except eight hundred and ninety-eight dollar
and ninety ceuts. But there is no alleg stion il
the answer that there was not sufficient money
In the General Fund IN the city treasury t
pay the unpaid salaries OF the Chief Of Police
and the police officers.
The question arising upon these facts Is Car
the city escape liability for the salaries of the
Chief and other police officers on the ground
that the Board of Trustees failed 10 provide
efficient special fund 10 pay the salariess Thi!
question must be answered in the negative
General power is conferred upon the Board o
Trustees 10 levy aud collect taxes for revenue
without any time being fixed at which the
power shall be exercised But the counsel fol
The city, TO show an absence of its liability tc
pay those salaries, relies upon subdivision % o
section of the City Charter. which reads as fol
lows: 3" To make appropriations, examine and
audit reject or allow the accounts OF all officer:
or other persons having the care. management
collection or disbursements of any money co.,
leeisd for, belonging, appertaining or appropd
u
10 determine sllow and pay the salary, fees OF
percentage which such officers or other persons
may by law be entitled to receive except as
otherwise herein provided; TO make contracts
aud agreements in all cases: TO specify the fund
or funds out of which payment for the same is
10 be made and that the same shall be paid oui
OF the moneys appropriated to such fund OF
IGnds for the fiscal year and in no case shall a
liability be created or a warrant drawn against
any fund beyond the actual amount OF money
existing in such fund 10 meet the same"
The officers and other persons referred 70 in
this section, whose accounts are TO be eXamin-
co and audited rejected or allowed by the
Boa d of Trustees, are fduciGr1i officers or per.
sons, and they are the officers and persons
whose salary, fees or percentage is TO re deter
mined, allowed and paid by the Board. And
the provision in that section which provides
that no liability shall 'be created or warrant
drawn against any fund.- only refers 10 the
aud liabilities created by contract or other acts
Of The Board OF TilGSacS This conclusion is sus.
lai1ed by Sections and 81 of the City Charter
Chese sections impose a Limitation only upon
the power of the Board Of Trustees to create a
debt or liability upon the city by any contract
without the fund provided TO pay such debt or
liability. But IL was not competent for any
provision OF the city charter - impose any re
sirictloa upon the power of the Legislature TO
establish Board of Po ice Commissioners with
power TO determine the number of police Off
GERS necessary 20 conserve the peace and pro-
tect the people aud their pro 5erly from The
criminal class; nor is there anything in the
Constitution 70 limit or Testrs in such legislative
power; nor there anything in the Charter OF
the Constitution to prevent the Legislature
from fixing the salaries of such police officers
and to impose such salaries as "a liability
upon the city. A liability thus created is
independent of Liabilities created by act
of the Board OF Trustees, and therefore
not within The restriction imposed by the
city Charter upon the power of the Board
A Board OF Police Commissioners was estab.
lished by an Act Of the Legislature, passed
March 6. 1872, amendstory OF the City Charter
This Act provides for the election of a Chief OF
Police and confers power upon the Board oi
Police Commi ,sioners " TO appoint a permanent
police force" - independent of the Chief OF
Police. That Act provides that: THE said
police force shall consist of a
Captain and such number of policemen not
exceeding fifteen. as said BOARD Of Police Com
missioners may deem necessary for the protec-
ton and good government Of the city, The
Chief of Police shall receive one hundred and
my dollars per month, the Captain of Police one
hundred and twenty five dollars per month and
the policemen one hundred dollars per month
70 &c paid monthly from tbc Csty TreuSurg' This
provision of the Act vests in the Board of Police
Commissioners the exclusive power TO deter
mine the number OF policemen necessary for the
prOtec tion and good government of the city; il
fixes the amount OF the salaries OF those officers
and It directs that they be pad monthly out OF
the City Treasury. u does not provide that the
salaries should be paid out of any special fund
but out OF the City Treasury" which means
shat they are 20 look TO the General Fund fol
their pay. 1t Is true that Section Ia of that &C;
requires the Board of Trustees to estimate Inc
anOunt Of money that will be required fol
keep the same as separate fund,
10 be used only for the payment
OF the salaries and expenses of the Police
Department and the Board Is required to levy {
special tax sufficient to meet the estimated ex
pcnse to pay the officers and expenses provided
IN that Act, but il does not follow that If th,
Board OF Trustees Tails to provide such specia
fund that the city shall be deprived OF IL
police force nor that the policeman shal
work for nothing. II the Board of Trustees car
legally say We will only provide a fund TO pa,
eleven Policemen, they can say we Will onl,
provide iund TO pay one poiicemsn-and
they may co this, they can say we will not pro
vde any found to pay any police force whatever
aud thus defeat the power of lhe Board of Pc
lice Commissioners to determine the numbe
and appoint the policemen for the protection
and good government of the city. Such q con
s'ruction OF the law would be absurd. To con
cede that construction 20 be correct is to con
cede that the Trustees may do indirectly wha
they have no power to do directly. The Law
does not require the warrants for the salaries O
policemen 10 spec;ty any special fund ont @
which they are 10 lie paid; but they should b
drawn on the City Treasury generally and a
long as there l. any money in the special fund
which the Trustees are required TO provide. th
Wa rants should be paid out 1 ( such fund, ant
wh-p it i exhausted then they should be pa
Ont Of the geuertl fund. This construction G
The city cnarler. amended in 1872 harmonize
its several apparently conflicting provision.
Where there Is a conflict between two acts G
the Legislature, the subsequent Act is to control
Il was the duty of the Board of Trustees to audi
snG allow the claims of the plaintiff. and wal
rant r-Sn on The general fund for the salarie
of policemen By The Board of Trustees would h
IS valid as q Sarrsnt drawn for two thonsan
dollars on the mnd. by order Of the Board, {
be used IN celebrating ne Fourth Of July rs
Tlatioaal boliday And if there were any dont
rs to watch warrant possessed the greater VALID
y. 81 solving the doubt it might be said, '' ia
labo. cr : wUrthy OF his hire.
80 rN.NF ffas. oaaE 81
We G.fAnse, aHd there must b judgment t0
tise i.;ainiiB on The plea3!ngs. and Il Is so o.
dsred