The Detroit times., 1915-07-17
Chops All But $2l,95O
of $4,000 Allowed
BY Council
DECISION BASED
ON CITY CHARTER
Judges HOsmer, Hally
and COdd Hear
Arguments

All but s2l. s5o.5o OF the $l76.o00 OF
salary increases allowed by the com
mon council for city ofIicials. is GU,
out by a decision OF the circuit court
handed down early Friday afternoon
Only the salary increases allowed
In the departments enumerated in
the charter amendment. authorizing
the common council to FIX the com
pensation Of certain elective and ap
pointive officers. are upheld. The
amendment covers the mayors
ONCE. the corporation counsel. com
missioner OF public works. city clerk
city treasurer city controller, com
missioner OF police. commissioner OF
parks and boulevards, and the re
corder and associate judge OF the
recorders court.
The council. under this amend
Ament. has the power to prescribe
what compensation shall be paid to
\ Nbordinates In these Offices.
The decision was rendered on the
petition for an injunction filed by c.
IA Burton. Judges Hosmer. Hally
and Ccdd. sitting en- banc. heard the
arguments.
Attorney Walter f. Oxtoby repre-
scented Mr.. Burton. while former
Corporation Counsel Richard Law
son appeared for the city. While
all the salary increases granted by
the council are involved. the case
before the court concerns only the
boost given Corporation Counse
Dingeman.
Attorney Oxtoby declared that the
council had no right to grant the
increases In the first place, because
the legislature had vested that All
thority with the board OF estimates
This was the basic objection TO the
action OF the council. No Legislative
move had been made. he said. to re
peal the act which gives the esti
majors authority to govern such
matters as salary boosts for city OF
hcials. Therefore. he claimed, the
councils Job OF fattening the pay
envelope could not stand lega
test
II the court does not hold with
me on that point" said Attorney Ok
toby, II submit that the manner OF
submitting the charter amendment
on the proposition OF giving the
council authority to raise salaries
was not just. The proposition as
worded on the ballot was not clear
and did not give the voters a full
understanding Of what they were
dealing with. The ballot merely
stated that the council was to have
authority 10 fix salaries OF certain
city officials"
At this point. Mr.. Lawson inter
ruptcd.
"Is there any authority which
tells us Just how these proposed
amendments are 10 BIO worded on
the BALLOT"
mo. there Is not" responded Ok
toby. But as matter OF fairness
and Justice. I think there should be
some restrictions placed upon the
councils power OF submitting such
matters as these
Oxtoby asked. first. that City Con.
troller Engel be permanently en-
Joined from paying the increased
salary 10 Dingeman and the others ;
second, that no salary increases be
granted other than those approved
N the regular manner by the board
II estimates; and third. that the
money appropriated for the In
,reases either be segregated and re-
.urned to the taxpayers, or that II
% held by the city treasurer and
.redited to the next assessment OF
he taxpayers.
Judge Haily asked oxtoby to ex-
,iain whether or not there was any
question as to the right OF a pri'
yate citizen to begin such an ac'
ion. Oxtoby produced several SUI
,reme court decisions. stating that
taxpayer had a right to appeal ia
court when public moneys were
'misused."