The Bridgeport evening farmer., 1909-02-17
WHAT POLICE
 GAIN BY
 DECISION All Men of More Than Four Years Service Increased B Cents Per Day. Patrolnen of Less Than Two Years Service Gain 12 Cents Per Day.

Mdny FacCOrS Have Tar 1 ticipated-Every Man ill
 Department Benefited. | The decision of the Supreme cours I favorable to Policeman James H. Sul~ l livan rendered yesterday at New Ha- 1 ven means that all of the patrolmen in Grade A, who are patrolmen of over 1 four years service, will receive an in- crease from s2.9O to s3.25 per day. Th<l ! members of Grade B, men with service
 of between and 4 years, will receive an increase from $2.75 to s3.Oo per day. Grade c men, who are patroln1en witl l less than two years of service, will receive $2.75 per day instead of $2.63.
 The doornen also receives an increase. All of the members of the force whe were paid on 6 per diem basis win rec ceiye their back pay for, last year, which the Board of Apportionment re. fused to appropriate. The expense upon the taxpayers will be increased two. fold this year.
 It will be remembered that the bud.
 get to pay the police salary and pay-
 roll increase was $10,175 and the am-
 ount the common council asked the
 tax board not to appropriate for wa-
 ter supply was $12,0o0. The eiimina-
 tion of either of the two items were
 needed to bring the tax rate down to
 15.6 mills. MT. French introduced
 resolution which was adopted, to the
 effect that the contract was made in
 good faith and that the board did not
 have time to enquire into the matter.
 On the police matter Mir. French op--
 posed the appropriation, stating that
 although the Common Council had
 raised the pay of the police that he
 would like to have it decided wheth-
 CT the Board of Apportionment or the
 Board of Aldermen were Supreme. It developed later that Mir. French was stockholder in the Bridgeport lily draulic Co.
 That the money for both this years pay roll, as well as last years will have to be provided by the tax board this year. The disbursement this year will be increased by an amount equal
 to about three-tenths of a mill.
 City Auditor Heating who has con- tended that the policemen would re- cetve their increase in wages included the sum in his recommendations of a year ago and also this year.
 The opinion of the Supreme Court will undoubtedly be closely studied by those citizens who have always con- tended that the Board of Apportion- ment had powers over the Board of Aldermen, because it's functions were those of the old town meetings.
 On February f. 1907, Alderman Louis Brock introduced 8 resolution into the council to raise the salaries of the of fioers and patrol1nen The resolution which the patrolmen had to do one years service for $2.50 and called for an increase as given above. It also called for an increase in the salaries of the officers. On October 7, 1907, the ordinance committee made a report favorable to the increase. The salaries were increased as follows: Superinten- dent from $2,000 to $2,100; Captains from s1,350 to $1,5OO; Lieutenants from s1,25O to s1,4O0; sergeants $1,150 to $L- 300; doormen from S290 per day to $1 200 per annum.
 The ordinance provided that the in l crease should go into effect on April 1, | tax board prevented the money being | paid.
 Another complication arose when the ] Board of Police Commissioners re- 1 quested an opinion from the city at | torney and were informed that the of the city shall not be increased by the Common Council during their term of office. But he stated that | officers appointed after April 1, 1908, would be entitled to the increased pay.
 It was thought that the old patrol men of the department could resign and be reappointed to their former po- sitit ns, but the commissioners were of the opinion that upon reappOintment all of the members of the department would not be allowed to draw more pay than was allowed in the first grade, known as "C.''
 The city attorney, in connection with %aJ6 jsci that the refusal of the Board of Ap- portionment did not alter their legal in the matter of approving the police pay roll.
 The policemen encouraged by the opinion of the city attorney. which portionment could not prevent them from getting the increase, if way could be found to show that they could legally accept the money. F
 Last December the Police COmmis- siorers allowed Supt. Birmingham and alll the captains, heutenants and ser geants the increase in salary after .hey had resigned and were reappoint- ed.
 The patrolmen, with James H. Sulli- van, a patrolman, as principal brought suit against the city to test the case, through their counsel, Davenport, Banks 6 Redden. The case was not 1eard in the Superior court, but went o the Supreme Court upon reservation 'or decision upon three points.
 One was as to whether or not the increase was illegal because of a pro- vision in the charter of the city against the increase in the salary of .ny officer, agent or servant of the ,ity to take effect during his term if office; and as to whether or not he increase was illegal because of a provision in the constitution of the state of Connecticut which prohibits he state, or any city, town or school district from giving any gratuity to an ,ficer, or making any increase in his alary to take effect during his term if office; and also whether or not ille- ,al because of the provision in the .harter of the city that the city shall lot contract for the expenditure of moneys not appropriated for the pur- pose.
 The attorneys for the policemen con- ended that the money paid for the ervice of the police was not salary Is contemplated by the charter and { amendment, notwith- talnAirn thot +h4 Ahartar rzhan ra- 2.