Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1902-03-12
OFFICIAL.
BOARD OF ALDERMEN.

At q regular meeting OF the Board OF Al
dermen Of the city OF Alexandra, Va, held
March IL, 1902, there were present:
Joho T. Sweeney, esq, President, and
Messrs. Burke, Ballenger, Msrbury, Clark,
Curtin and w. q. Sweeney.
q. l.. Boothe, Corporation Attorney, in pur.
suance OF resolution passed February %,
1902 presented the following:
Alexandria, w., March 8, 1902.
The City Council OF Alexandria:
Gentlemen I'm reply to your request that
furnish this Honorable Body with written
opinion AS to whether the salary Of the City
Engineer can be legally increased during hi,
term OF office, would respectfully submit
the following
As all of you doubtless know, Section 81
Of the Charter Of this city provides, among
other things, that the Mayor shall receive for
bis services, annually, just and reasonable
compensation, to be allowed by the City Coun-
Gil which shsll not be increased or diminish
ed during the period for which he shall have
been elected, nor shall the salaries OF sny
municipal officer be increased OF diminished
during the period for which he shall have
been elected.
In my opinion this provision refers to the
officers who are named 10 the charter and are
elected by the people, viz: Mayor, Auditor
| Of Public Accounts, Clerk Of Gas, Collector Of
| Taxes, Attorney for the Corporation, Insptc.
| tor and Measurer Of wood and bark, and the
| Inspector OF Lumber, and my reasons for
| forming this opinion are, that the Office OF
| the City Engineer was not In existence ct the
| time of the passage OF this Section OF the
| Charter, was not crested by the Charter, but
was created by Ordinance of the City Coun'
ell, and can undoubtedly be abolished by the
| same power which created 1t, exactly az the
Office of City Surveyor was abolished by the
Ordinance which created the Office Of City
Engineer (see Acts and joint resolutions OF the
City Council OF Alexandra from September
1892, to September 1896, page 1881.
Having this power to abolish the office
would unquestionsbly give the City Council
the power of reducing, indeed Of putting an
end to the salary of the City Engineer.
The leading authority on the law of mu-
nicipsl corporations, Judge Dillon, says on
this subject at Section 231, Of his work on
Municipal Corporstions-"A municipal cor.
poration may, unless restrained by charter,
abolish sn off o created by ordinance and
may also, unless the employment is in the
nature of contract, reduce or otherwise reg
ulate the salaries and fees Of its officers &C.
cordiug to its view Of expediency and right.
Although an officer may be elected or ap-
pointed for fixed period, yet where he is NOT
bound and cannot be compelled to serve for
the whole time, such election or appointment
cannot be considered contract to hire for q
| stipn lated term.
'Ordinances fixing salaries are not In tile ma
ture Of contracts with officers"
Throop on Public Officers at Fection 444,
treats this subject as follows Tin like man
nEr municipal corporation may, at the pleas
/ - tsan nfh
unless its charter or some other statute gov
erning it otherwise provides change the
official term, or increase or diminish the COM
pensation of any of its officers appointed un.
der an Ordinance, or impose upon any OF
them additional duties without additional
compensation"
The great weight Of authority cited by
these authors fully sustains the statements
above made, and almost the only decision to
be contrary Is one where the officer was not
appointed under an ordinance, but by res0-
lntion, for the term Of one year at fixed
salary; In that case the court decided that the
services TO be performed were professional or
private, rather than public or official, and
that the acceptance by the officer Of the Of
ace constituted o contract which could not
be dissolved by the meys will and act OF tho
city.
In view of the fact that the great weight
Of authority fully sustsins the opinions OF
Judge Dillon and Mr.. Throop, above set forth,
am OF the opinion that the salary Of the
City Engineer can be legally increased or d.
unfinished during his term Of Office.
respectfully submitted,
| GARDNER L. RoeTHE,
Corporation Attorney.
The resolution directing the Auditor to
pay Z. q. Dunn, City Surveyor, from De-
cember 1, 1901, twenty-five dollars per
month additonsl for services rendered In
connection with his Office as City Engineer,
which had been received from the Common
Council and laid over, was called up and their
action concurred in by the following vote:
AyeL Messsrs. Burke, Msrbury. Curtin,
W. II. Sweeney and Mr.. PIesident-6. Noes,
Messrs. Bslenger and Clark.
The following were also received from the
Common Council and their action concurred
in by unanimous votes:
| An ordinance assessing portion OF the
cost Of grading, paving and curbing Fairfax
street from the south crossing Of King street
to the north line OF the first alley south oil
King street.
An ordinance concerning property sold at
the tax sale November 81, 1899.
An act to authorize the City Council OF
Alexandrs to issue its coupon bonds called
public improvement bonds to the amount Of
$4,000 for the purpose Of making street
snd sewer improvements and TO improve the
city gas works.
Resolution sppropriating $50, or as much
thereof as may be necessary for tho repair of
the corporation fish wharf.
Petition from George Uhler, chairman
executive committee Of Columbia Fire Com
pany, asking Council to purchase six iron
bedstesds for the use OF the company,
Resolution increasing the salary d the
driver OF the Relief Hook and Ladder truck.
| An act to authorize the City Council Of
Alexandra TO issue street and sewer improve
ment bonds and to provide for the payment
Of sAid bonds.
| Petition OF W. 7. Penn for perm ission 10
erect frame addition to his house, 424
QIeen street.
Preamble and resolution providing for re.
pairing and repainting the City Hall.
Resolution directing the Committees on
Finance and Light to consider and report on
such proposition IS may be submitted to
them for the operation OF the city gas and
electric light works.
An ordinance referring the matter OF grad
ing, paving and curbiug King street from the
east crossing Of Royal street 10 the tracks OF
the WsshiDgton.Southern hallway on Fsye.le
street TO the Committee On Streets for con-