Bisbee daily review., 1903-08-07
A KINDNESS TO THE CITY COUNCIL.

The Review believes it is doing g kindness in calling the attention of the city council again to the question of whether or not they have the le- gal right to lraw salaries from the city treasury unless the same has been providel for by the statutes or by the act by which said city was in- corporated.
 4le council is composed of an hon. orable body of men. They are i'm bued with the praisworthy spirit of enforcing the laws governing the city without fear or favor and can be de- pended on to do their full duty under any and all circumstances. In this connection We wish to call the Coun- cils attention to this particular par asarh which is No. 605 of Article \.
 Par e05,-No Alderman or Council man of any incorporated town or city in this terrio,y shan, during the term for which he shall have been or shall be elected, accept. take. or receive to his own use, from the town or city uf which he shall be an alderman Ur -c2lcilman, any sum of money or other thing of value. other than that which is by the act Incorporating such town or city, provided 10 be paid to sucN alderman or councilman, for Lis services as such alderman CT eouncilmari a~1 every person who shall violase -rc provisions of this sact:cn. shall be deemed guilty of a misdemcanor and upon conviction ttc.c7', j.. aH. court of competent ju- risdicicn shall be fined not less than one hurJicd dollars. nor more than tlGs5 blu3red dollars, such fine to s- To t.e school fund of the county Fr vrrh such town or city shall be located and he shall also cease to he alderman or ,-au-ilman. as the case may De CT suea ;s'rn or city"
 The question next to be consid- cred is: Does the Statutes or the Act incorporating Bisbee give the council the authority to vote them selves salaries?
 It is true that Par 54s See. 3 says: The common council may prescribe the duties and compensation of all or ficers of the town and provide by or dinance, the manner of filling va cancies in such offices. They may require all such officers to give bond forfthe due. discharge of their duties, in such sum and with such security. as they may direct and approve and for. default of giving such security, may. declare any office vacant" .
 That the officers mentioned in this paragraph do rot include members of the city council is obvious. The officers referred to in this paragraph are those required to give bonds. CoaLc.linen are not required to give bonds neither is it in their power to prescribe their own duties. Their duties are prescribed by the statutes, which in towns of valuation less than s$.OO0O00 vllusuon fails to pre- scribe any salary.
 Tn cities having a valuation or s2oO0. eco. salary of $500 for each regular meeting is allowed each al derman. but as Bisbee has not vel become a city Of that class, the stat utes have failed to provide any com uensation, and discussing the ques' ton from a purely legal standpoint the councilmen are violating the law each and every time they pay them selves salaries under an ordinance prescribed by themselves.
 The members of the present city caurciI. or most of them. were al vised by the old city atternHV that as officers of the city they had right to vote themselves salaries ou' the preponderance of the opinions are to the contrary This city no" has a new city attorney and there are some new faces on the city council t~sthe Council has no legal right to draw this salary from the city treas urv they should know it. Let us heal from the new city attorney on this point.