The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1921-08-09
Text of Decision
In City's Suit on
Group Insurance

SANTA FE. Aug. s.--A city officer
having mo fixed term Of office. but
holding during the pleasure Of tho
appointing power. does not come
within the meaning or Wow OF the
statute which prohibits the increas-
.nE or decreasing OF the salary OF
q city officer during his term OF Of
flee. Il - held BY the New Mexico
suafeme court. IN affirming the jucg-
ment 81 the district court In Berna-
nile county In the case OF Henry NJ
lowers appellant. versus the city OF
Albuquerque. appellee. The opinion
- ~ chief Justice Roberta Justices
Parker and Reynolds concurring. II
reads.
~rhls cane Involves tho right OF
thhr city Of Albuquerque TO carry
group Insurance on the lives OF Tho
employees OF aaid city. The right OF
the city o. Albuquerque 10 carry
IN n affirmative under the recent
dscislon OF fhis court In the case OF
Nohl V. Board OF Education Of the
city of Albuquerque. as the admis-
fions contained In the pleadings are
namiiar to those In the pisadlnss In
that case.
.'rhers ~ one additional point pre-
scented by this case which was not
ia the Ease referred 70. IL h argued
hy h appellant tha4~ IL ~saSsneut
Of premiums on the policy BY the
city. which Injured TO the benefit Of
the employees and officsrn OF the city.
constituted an Increase In the salary
of the officer during the term for
which he Vas appointed, In violation
u section ASS. code 1913. This
statute provides that the emoluments
Of no officer OF n city or town
shall be Increased or diminiahcd dur
ing the term fer which he shall be
elected or appointed. Section s5e0.
code 1915. providcs for the appoint
menf 81 a city marshal and certain
other officers OF cities. The city OF
Albuquerque. however, Il governed by
q commission under a charter adopted
pursuant 10 the provisions OF chapter
12f. laws 1919. Under section I,
article 8 Of this act a city manager
H. employed for an indefinite term.
subject TO removal by the commits
aionera OF the city at any time with
out cause. Under section Z OF article
s. the manager employees al other
officers IND employees Of the city and
any tm1 The group Insurance
covered all officers and employees OF
the city except the city commission
ere; that ~ 10 say Il insured the city
and the officers and EN-
ployes appointed by him. ID will thus
be seen that the statute referred "a
can have no application to The officer
and employees Of the city of Aibuquer-
que covered BY the policy In question.
as such officers ave no terms Of
office.
"In the case Of state ex rel Kins
v. johnson (Mo.), rs =. w. ss5. ths
question arose ~ TO the right OF th'
council 20 Increase the salary Of thu
chief engineer In the fire depart
mcnt Of the city of -. Joseph. Sec
ton l1f4 n. >. 1879 was somewha
similar 20 section 169o OF our code
II prohibited The Increase or decrease
Of the aniary Of an officer OF tn
cifv during his term 81 office. tn,
court held that the chief enginec
was an officer Of thhe city. but TIM
rs he had no term Of office the stRtutI
ala not apply. The same conclusion
was rescued by the supreme court o
South Dakota Ia the cas- OF sum
merr V. State. 8 $. ID. $50 See ais
Cfhbr V. Morgan. 80 y. j. Ia. Rer
las. We know OF no authority 10 tn
contrary.
ssThe Judgment Of the lower cou
sustaining the right Of the city I
carry group Insurance under IN
nieadlnga In the ease. must be up
held. and is Judgment will be az
nrmed. and II II 20 ordered"
The syllabus SAYS;
-. Section 35sg. code 1915. whicl
nrohfhits the Increase or decrease o
eafRrr OF a city officer during hi
fsrm Of office. has no application 4
4 city officer having 20 fised fenur
az office. nj who serves during N
pleasure OF the appointing power"