The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-04-01
MAYOR VET0ES
SALARY BILL
DisapproVes of Higher Pay for
Chief and Firemen.
COUNCIL WILL SUSTAIN VETO
IECUMBENTs' SALARIES CAN
NOT BE LEGALLY RAISED.
COUNCIL WILL SUSTAIN VETO

A THOUGH he recommended the
4 action in his annual message.
Mayor Thompson yesterday dis
approved the ordinance passed by the
council Tuesday evening to increase
the salaries Of Fire Chief Devine and
the other members Of the fire depart
ment, and this evening the veto viii
come before the council for considera-
ton That the veto viii be sustained
is not doubted by counciImen who rely
upon the legal opinion of City AttOr-
ney Nye, who holds that the measure
would be without effect in so far as
it attempts to increase the salaries Of
the present members of the fire de-
partment. Il is solely upon the city
attorneys opinion that the mayors
veto is based.
Forming a part of the mayors veto
message is the city attorneys opinion
declaring the ordinance cannot legally
pass in its present form. Should the
ordinance be amended by inserting a
section expressly limiting its operation
to future appointees in the fire de-
partment, MI Nye holds, it would then
be within the power Of the council, but,
feet desired by the proponents Of the
measure.
Wherein the Ordinance is Void.
In presenting his opinion, Mr. Nye
calls attention to section 3. chapter 2S,
Of the session laws of 1899 and says
that in so far as the attempt is made
to confer upon city councils the ex-
press power to increase or decrease
the salaries to be paid IN the fire and
police departments, the provision is
without force or effect and cannot be
held to operate upon the salaries to be
thereafter paid to men holding Office
IN the departments at the time of the
increase or decrease.
In support of this view he cites the
provisions of section 225 of the revised
statutes. which prevents the raising or
lowering of an officers salary to take
effect during the time for which such
officer was elected or appointed. He
also cites the provision Of the consti-
tuition regarding statutory amend
ments, which provides that mo law
shall be amended by reference to its
title only; but the act as revised, or
section as amended. shall be re-
enacted and published at length"
Supported by Court Decision.
Attention is further directed to the
decision of the supreme court in the
case Of the state against Beddo. in
which the court held that section p
Of article Of the constitution. pre-
scribing the manner of making statu-
tory amendments, is restrictive and
mandatory. The requirements Of the
constitution in this regard were not
followed in the enactment Of the law
recognizing the fire and police de-
paTtments and providing thar the sal
aries Of members Of these departments
may be raised or lowered by a cOun-
Cilmanic ordinance, and accordingly
Mr.. Nye holds that the legislative at
tempt to enlarge the powers Of the
city council BY the act of 1899. in the
face Of section 225 Of the charter. is
Illegal and void.
In conclusion, my judgment is
writes the city attorney, chat the or
dinance in its present form should not
pass, as I can see nothing but uncer-
tainty and litigation ahead OF its final
enactment If the ordinance contained
an express provision limiting its opera
ton to officers hereafter appointed, it
would not be open to the same objec-
ton"