The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1913-11-16
.LUCEY DECIDES
IN FAVOR RAISE
POLICE SALARIES
EHEk% -
Attorney General Appealed to for
An Opinion to Settle
Differences.
OPINION IS DEVOID OF
AMBIGUOUS LANGUAGE
Wages Can Be Raised If Sufficient
Funds Have Been Properly
Appropriated.

Relative to the legality attend
ries of the police force of the city,
an opinion having been rendered
that provision in the state con-
sttution expressly prohibited the
elevation or lowering of an officials
salary during his term of office.
Contrary opinions have been ex-
pressed which in effect were, grant
ing that the constitutional provision
did exist. that ii did not apply to
the police force of a city under the
commission form OF municipal gov
ernment These advocatts of raise
| in the salaries of the police force
contended that inasmuch as po-
liceman under the commission form
of municipal government, is only
an employe subject to removal or
discharge at the will of the commits
sioner and not holding a position
| Win "a ENdltu tNt III vi UHfIts UiH Sdt-
AIRY could be raised or lowered at
any time by majority of the COM
nissioners,
In support of this contention
these advocates of raise in the
salaries pointed I'd an Act of the
legislature providing for the incor-
poration Of cities and villages and
Article XIII amendatory thereto
which provides for the adoption ot
the commission form Of municipal
government.
Section 25 Of Article XIII in re-
feFring to certain powers of the
commissioners who compose the
council says as follows:
"The council shall have the pow
er, by ordinance. from time to time.
TO create, fiji and discontinue of.
fees and employment other than
herein prescribed according to their
judgment of the needs of the city
or village; and may, by majority
vote of all the members, remove any
such officer or emp oye appointed by
them, except as otherwise provided
for in this Act: and may. by resolu-
tion or otherwise. prescribe, limit
or change the compensation of all
appointive officers or employees"
In order to definitely settle The
differences OF opinion existing. At
torney General P. ]. Lucey was re-
quested to render an opinion.
This opinion, it is autboritatively
stated quotes the constitution of the
state and whom il affects. How
ever, Mr. Lucey does not quote any
instance where ii effects an ap-
polntive employe OF a city. even un-
der the old form of city government.
Mr. Lucef in unmistakable Ian
guage, which does not admit OF but
one construction, says that under
the commission form of municipal
government the commissioners COM
posing the council may BY ma
iority vote change the salaries of
its employees. He cites SekicR 25
quoted above,
In giving his opinion Mr. Lueey
makes but one provision which
might in certain instances prevent
the raising of the wages or salary Of
an employe and that concerns the
al owauce of sufficient sum OF
, money with which to meet the raise
in salaries, this appropriation ordi-
nance being made within the time
allowed by law. He also points TO a
, section of the law which expressly
prohibits any change in the wages
or salaries of any employee within
, six months Immediately preceding
any biennial election.
What effect this opinion of At
:, torney General Lucey win have in
, obtaining an increase in the sala-
ries of the police force of the City
of Cairo. If there has been sufficient
funds appropriated by the appro-
priation ordinance to meet an in
= crease in salaries. remains to be
;, seen. although this opinion. if given
publicity, will give fresh Impetus to
- the advocates of a raise in the ssla-
. ries of the police force since there
ts is far longer period than six
J. months intervening before any city
election.