114 Ky. 640 | Ky. Ct. App. | 1903
Opinion oe the court by
By chapter 89, art. 3, Kentucky Statutes, Lexington is designated as a city of the second class. Section 3212 of tbe statute provides- for the maintenance of a system of
We are of the opinion that the judgment was proper. Section 161 of the Constitution provides that “the compensation of any city, town or municipal officer shall not be changed after his election, or appointment or during his term of office.” Besides, we find that section 3064 of the statute, supra, expressly declares that the general council of the city shall fix the salaries of all the city officers before their election or appointment, and the “salaries of no city officer, deputy or employe when so fixed shall be changed after his election, appointment or employment, during his term of office or employment.” The statute (section 3225) requires Kaufman, as treasurer of the city, to act as treasurer for the board of 'education. Whatever services he performed for it in this capacity were not rendered by reason of any employment from it, for the board had no authority, under the statute creating it, to employ a treasurer. Kaufman does not hold two offices, for performing the duties of which he may receive two salaries, but only one office, the salary of which ($1,800) is paid by the city of Lexington. In other words, by virtue of his election as treasurer of the city of Lexington, he became and is ex officio treasurer of the board of education.
Judgment affirmed.