Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-12-18
Opinion Rendered by City Attor-
ney HileS Holds They May Not
Draw More Salary
STATE STATUTE IN THE WAY
Ordinance. if Passed. Could only M-
feet Official. Elected Two Years
Hcncc-l1n Text or opinion.

CITY Recorder John E. Moret0n and
CITY Auditor Rudolph AIN WIN have Co
be content with the salaries they have
been getting during the past two years
OF their scrvitudc as The roputod rope
rescntativcs of Mr. Kcarns n the adj
ministration of thc citys AFFAIRS Gido-
on snyder. city treasurer-elect VIII ale
So serve the city for $500 uor annum
providing the ordinance passed 'ast
Monday night Increasing the salaries
a. these three officials TO $500 per am
num- goes back go the council with
tho MAYORS veto. II 20 docs. which
seems most likely. the ordinance win
probably be- allowed 20 die. or 30 may
De so amended that 80 win take effect
Jan T. 1910.
According 90 an opinion given today
by CITY Attorney ogden Hnes in
which he cites the Hulanisk case at
Ogden as a parallel case, the officers
elected Co serve terms beginning Jan.
! 1905. would not Doe entitled t0 re
ceive the increased salaries MS proc
vision Of the state law stands in The
way.
ORDINANCE WAS UP BEFORE
Councilman Blacks ordinance was
presented for passage in October. bee
fore the election 10 slumbered iu
committee until after the fateful ball
lots had been counted and was only
resurrecred lest Monday night. The
reason FOR the long sumber of the
ordinance is seen DO the fact that had
81 been passed before election, it would
have been strong argument in SUPP
port OF the oft-reptated charges that
the American pariy's men were loot
ing the treasury. Therefore o. lay
idle until the time had passed 90 make
81 effective. IL provides that after
and beginning Jan. ] the salaries OF
the three officials mentioned should be
boosted from 800 per annum TO So
600 per annum. ii amended and pass
ed over the veto the date OF ifs take
ing effect will have to- bee showed for
ward two years.
CITY ATTORNEYS OPINION.
The opinion Of City Atty Hues fol-
lows.
Hon A. J. Davis. President of the
city Council mad Acting Mayor of Salt
Lake City. Utah.
Sir--Tou have requested my opinion
concerning the legal effect of an ordi-
nance which passed the city council.
increasing the present salaries OF tine
city auditor the recorder and treas-
urer OF Salt Lake. as 10 respects pres
ent incumbeuts and officers elected.
Section 225 of the revised statutes Of
Utah, provides as follows.
"All officers OF any city shall re-
ceive such compensation as may be-
fixed by ordinance. but the componsu-
ton OF such officers shall not be in
creased or diminished 10 take effect
during the time for which any such
officer was elected or appointed"
This statute has been INTERPRETED
and applied by the Supreme court OF
Utah Ia Hulaniskis case. reported Do
81 Pacific Reporter page S16 Therein
the supreme court has determined that
by the statute, the salary Of no
city officer who has already been elect
"a or appointed to an office. can be
decreed or diminished by an ordin- |
ance passed after his election or APP
pointment to such office This decision /
has been subsequently, approved by |
that court
] have advised the present city au- |
dltor and recorder. elect. verbally that |
in my opinion they would not. under
this ordinance bc entitled 10 the in /
crease of salary during the term for
which they have been elected because !
the same has been enacted after their |
election 10 their respective offices. I'M |
my opinion. the ordinance. n finally