The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-06-06
Effort VIII be Made to Have
Boards Action ResClnded
LEGAL QUESTION INVOLVED
Law Says Mayors Of cItes Of Over
$4,000 to Receive $500 a Year.
History of Salaries of Mayors
Of Birmingham.

ment
The action of the mayor and board of
alderman Wednesday night in increasing
the salary of the executive from 500 TO
$500 month is being generally discussed
on its legal side. 1t seems to be COM
plicated question, inasmuch as a number
of fine law points are said to be involved.
The first of these questions has reference
to the section of the constitution which
says:
Section 9s-"The legislature shall have
no power to grant or to authorize or re-
quire any county or municipal authority
/ to grant. nor shall any county or NUM-
cipal authority have power to grant any
extra compensation. fee or allowance to
any public officer servant or employe,
agent or contractor, after service shall
nave been rendered or contract made, nor
| to increase or decrease the fees and COM
pensation of such officers during their
terms of office"
1t is claimed by some that the salary
of the mayor has not been increased or
decreased but fixed at the beginning of
the term.
A Recent Act.
Several attorneys in the city referred
to an act passed In February by the state
legislature providing that the mayors OF
cities having population of $4,000 inhaol-
tants or more shall receive an annual sal
airy of $500. This act in full is as fol-
| lows:
No. 49, An ACT CHI SSs
| TO fix and provide for the salaries of
mayors in cities of the state of Ala
bama.
Section /. Be 1t enacted by the legisla-
ture of Alabama, That the salary OF
mayor in all cities having over thirty-fve
thousand population, according to the
/ ba hp W. fhOIJ-
sand five hundred ($25O0 dollars per an
num- payable In monthly installments
| out of the treasury of said cities.
Section g. That all laws and parts OF
| laws in conflict with the provision of this
act be and the same are hereby expressly
repealed
Approved February g. 1908.
]. THOMAS HELM,
Official. Secretary of State.
A Legal View.
In discussing the matter last night
prominent lawyer said;
1.-THE fact that the salary of the mayor
| of Birmingham has been raised presents
several nice questions of law. The act
passed by the legislature requiring the
salary of $500 per annum for mayors of
| cities In the state of $4,000 population
may probably be considered by the
courts as special legislation and therefore
void, though 1t is couched in general
| terms The constitution of Alabama pro-
hibits the legislature from passing spe-
cial legislation about such things as mu-
nicipal charters.
Zone of the courts has said that an act
referring to all cities having at the last
federal census a population of a stated
number where there Is only one city full
filing this condition Is essentially local
and special In its nature. In Alabama
there are two cities of a population OF
more than $35, 900, Mobile and Birmingham,
and 1t would still seem that this act fixing
the salary at $500 Is special in Its nature
and thereby void.
However though this act of the legisla-
ture may be considered void the municipal
body controlling the city has a right to re-
scind Its former action. This last state
ment is a general rule, for the American,
and English Encyclodepia of Law says
that a governing body of a municipal cor
poration has, as a rule, the power, IL
vested rights are not thereby interfered
with to reconsider and resclnd actions
previously taken"
The lawyer In discussing the matter said
that although the law would allow a re-
consideration the mayor could not be
compelled to pay back to the city the
money or any part of 1t he receives while
drawing salary under the operation of
A number OF aldermen who are opposed
to increasing the salary of the mayor,
assert that they will make an effort of
some kind for a reconsideration at the
next meeting of the board and endeavor
to have a resolution adopted placing the
salary at the former figure of 5000 per
annum.
History of Salaries.
It Is interesting to note the history of
mayors salaries in birmingham.
The first mayor of the city was APP
pointed by the governor in 1871. The APP
pointee was Robert Henley, who received
$40 month. This sum was paid in
script and was cashed at stores for 40
cents on the dollar.
The next mayor was James r. Powell.
| who received the same salary in the same
| way. William Morris was the next may
or and received the same salary Mayor
Morris resigned and DR.. M. II. Caldwell
filled the unexpired term, receiving the
same compensation.
In 1873 Tom Jeffers was elected to the
office of executive. At first he was paid
500 month in script. However,
change was made and in addition to the
500 a month he was allowed so cents on
each case tried before him. AT that time
the mayor acted as police court judge.
Mr. letters said yesterday that some
and at other times $40 a day. However"
he continued. 1T got to drawing so much
money I thought I was robbing the city.
so we fixed my salary at $50 a month At
that time ! had a good sized bank ac-
count and did not feel 1t was right for
me to take so much money from the
city"
In 1882 A. o. Lane was elected mayor.
During his first term he received a sal
airy of $500 per annum. the second term
1t was increased to $1,000 year, and then
to $4,000 annually during his last term.
Asbury Thompson was the next execu-
tive of the city and he received s270o a
year Mr.. Lane was next elected for the
fourth time. receiving at that time a sal
airy of $4,000 a year.
Mayor Fox was the next to be elected
and he received a salary of 5000.
J. A. VanHoose was the next mayor
and he received $500.
Following Mr.. VanHoose Frank p.
Evans was elected and he received SAL
airy of $500 a year.
Mayor Drennen. the present incumbent.
was next elected and since he has been in
office has received s2400 year.
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