The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1900-03-30
THE FIRE SALARY SCHEDULE



be charged with the duty of protecting
the city against danger from fire ana
unsafe construction of buildings, and
shall consist of a superintendent, IRE
marshal, a superintendent of fire alarm
telegraph and electrical construction,
and such officers and employees as the
board of fire commissioners may from
time to time prescribe. All appoint
ments and promotions, except the SUI
, perintendent, who shall be appointed
by the mayor, shall be made by SAD
board in accordance with the rules OF
the civil service board"
This undoubtedly gives to the board
of fire commissioners, and to said boafd
alone, the power to prescribe such OF
fees and employments (other than those
specially prescribed by said section)
from time to time, as they deem neces-
sary to protect the city against danger
from fire and the unsafe construction OF
buildings, and to appoint such officers
and employees to fill said prescribed Of
fees and employments in accordance
with the rules of the civil service hoard
Said section 55 of the charter further
provides that 1.-The salary of the super
intendent shall be a. the rate OF twenty
| five hundred dollars per annum ana the
| compensation of the officers and en-
ployes of said department shall be oe-
| termined by the court of common coun-
Gill;" which gives to the court OF COM
mon council the right to fix the compeh-
sation of such officers and employees as
may be appointed by said board OF hre
| commissioners to fill such offices and
employments as said board of fire COM
nissioners may prescribe.
AS far as this point is concerned, l
am of the opinion that if your said
board of finance finds that said offices
and employments as set forth in said
order of the court of common councli
were prescribed by the board Oh rlre
| commissioners, then said court OIL COM
mon council had the power to TX the
compensation of such officers ana en-
ployes as might be appointed by salu
| board of fire commissioners TO Ill saiu
offices and employments. II, on the
other hand, your board of finance mas
that such offices and employments EN-
bodied in said order were not prescribed
by said board of fire commissioners, put
by the court of common council ltsell'
then l am of the opinion that SAID order
is invalid, said council having no power
to prescribe offices and employments III
the department of fire service
AS far as the second question is con-
cerned. as to the validity of the bllls
referred to me, as made out in conform
ity with said order of the court of COM
mon council, if your board of finance
finds that said offices and employments
were not created by said board of fire
commissioners, then said order, being
invalid. said bills are as matter OF
course also not valid.
If, however, your board Of finance 10
satisfied in view of the foregoing, that
said order is valid, and that said pllls
show an increase in pay OF members
of the department of fire service, mold
ing any of the offices or employments
mentioned in said order at the time Oh
the passage thereof, and who have not
been reapponted to fill said office or
employment or of any member OF sald
| department of fire service occupying
any new office or employment pre-
/ scrjbed by said order who does not oc-
cupy the san by appointment thereto,
valid and said bill should not be paid
as being opposed to the tWenty-fourth
amendment of the constitution OF the
state of Connecticut which PROVIDES
that neither the general assembly nor
any county, city, borough, town OF
! school district, shall have power 10
grant any extra compensation to any
/ public officer, employe, agent or ser
want. or increase the compensation or
any public officer or employe, to take
effect during the continuance in office
of any person whose salary might be
| increased thereby" and further in view
of the case of Wright VS.. the City OF
Hartford 50 Conn. 546 in which the
court says, in an opinion by Pardee,
Judge. Gn which opinion the other
Judges concurred), and in which he
says;
"on June 4th, 1878, the plaintiff en-
tered into a contract with the defend
ant city to serve it in it's fire depart
ment as tillerman of a ladder carriage,
to hold his place during good behavior;
his compensation to be $3.50 per year,
payable monthly. This continued ser
vice included the month of July, 1882.
In March of that year the common
council voted that his salary should
thereafter be $3.50 per year. He was
paid for the month of July following at
the rate of $3.50 only; he claims pay
ment at the rate of $3.50, and his suit is
for the unpaid balance The court OF
common pleas reserves the case for the
advice of this court
The constitution provides that
neither the general assembly, nor any
county, city, borough, town, or school
district, shall have power to pay or
grant any extra compensation to any
public officer, employee, agent or ser
want, or increase the compensation OF
any public officer or employe, to take
effect during the continuance in office OF
any person whose salary might be
increased thereby, or increase the pay
or compensation of any public contrac-
tor above the amount specified in the
| contract"
This is the clear expression OF an
| intent to render impossible any addi-
ton to the pay, fixed by statute or con-
tract, of any person serving the state
br any municipality. The provision re-
CARDS an increase during the term OF
service and a gift at its close as equally
e 0,1 q INC