112 Iowa 744 | Iowa | 1901
It is claimed that the town council of' the defendant accepted a bid made by plaintiff for the town marshalship, and by resolution contracted with' him for his-services as such at the rate of $45 per month; that he (plaintiff) entered upon the discharge of his duties as town marshal, and served for two months and two days, when he' was unlawfully discharged by the mayor, who refused to allow him to continue in the position. This action is brought to recover compensation for the full term of one year commencing March 1, 1898, less the amount paid him for the time he actually served. A demurrer to the petition-pleading the facts above recited, based on the grounds: First, that the council had no legal right to employ or contract for the services of a town marshal; and, second, that the-mayor has the sole power of appointment, and that the marshal holds at the pleasure of the mayor, — was sustained. The questions presented by the appeal involve the construction of sections 652, 657, and 668 of the Code. Section 652 provides that “the mayor in each * * * town shall appoint a marshal, * * * and in * * * towns he may appoint one or more deputy marshals.” Section 657 provides that “all persons appointed to office in any * * * town may be removed by the officer or body making the appointment, unless otherwise provided.” Section 668 provides, in substance, that all legislative and other powers granted to towns shall be exercised by tne council, except those conferred upon some officer by law or ordinance; and that they shall perform the duties required by the Code, including the following: “* * * They shall fix by ordinance the terms of service, not exceeding one year, * * * of all officers appointed or elected whose terms are not prescribed by law,” and “they shall