The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-05-13
VIOLATION OF LAW.
In the Matter of Paying City Salaries Say
Nj. T. Campbell.

In the Matter of Paying City Salaries Says
Nj. T. Campbell.
N. 7. Campbell, of the law firm of
Vance & Campbell, contends that the
Topeka city council has for years been
violating the statutes relating to the
salaries of officers of cities of the first
class He says this has been done by
paying salaries in excess of the maxi
mum fixed by law, and cites the law on
the subject 1t is suggested that in the
next salary ordinance it would be good
economy as well as propriety to make
the salaries of the city treasurer and city
attorney keep within the law. Mr.. Camp
bell writes:
To the Editor of the STATE JOURNAL:
Would it not be we'll to call the atten-
ton of our mayor and city council to the
law governing cities of the first class
and see if they are not, and have not for
years been, transcending the powers del
gated to them by the legislature, espec-
tally in the matter of paying salaries to
the officers of the city? For instance:
The city has for years been paying the
city treasurer a salary of $500 per year,
and to an assistant treasurer a salary of
| $500, making a total expense of $1,000 a
year on account of the city treasurer's
office. Is not $500 of this wholly I'M
authorized? And in the late ordinance
reducing salaries, is not all over $500 al
lowed the city treasurer without author
ity of law?
The statute is: "The city treasurer
shall receive a salary of not more
than $500 per annum." (Section 90 J
| 1t may be claimed that a clerk for
the treasurer may be allowed a sal
ary under the provision of law au-
! thorizing the mayor and council
| to appoint ''such other officers or SER
wants as they may deem necessary for
the best interests of the city, (Sec. 10 J
but if so, then the mayor and council
| may do indirectly what they are pro-
hibited from doing directly. 1t is absurd
/ to say the legislature intended to restrict
the council to a salary of $500 for the
treasurer and at the same time give
them the power to pay his clerk salary
of $500, or any other amount they saw
fit. The evident intention was that 5000
should pay the salary of that office.
Another instance: "The city attorney
shall receive salary of not more than
$1,000 per annum." (Sec. 93.) Yet in
addition to this salary the council has
for years been paying a salary to a
deputy city attorney. Where do they
get the authority for such expenditure?
The city attorney may "appoint one or
more deputies by and with the consent
of the mayor and councir' (Sec. 49, j." but
the expenses of such deputy shall not be
paid by the city, (Sec. "a
Other instances might be cited where
it seems that money-a good deal OF
money for these hard times-has been
paid out by the city without any autho
rity therefor, and in view of section 1U4
of the charter, which provides that "it
any member of the council shall vote fol-
any other or further allowance, or salary
to any officer whose salary is fixed by thi,
law he shall be deemed
guilty of a misdemeanor, etc." Oul
councilmen should be- very careful anC
sure they are acting within the powers
conferred upon them by the legislator,
when they vote for the expenditure o
the peoples money.