51 Iowa 590 | Iowa | 1879
Lead Opinion
The court allowed the balance of salary as claimed under the old ordinance. In our opinion, as we have already indicated, the old ordinance and not the new one must govern, so far as the plaintiff is concerned. We see, then, no error, and the judgment of the Circuit Court must, upon both appeals, be
Affirmed.
Dissenting Opinion
dissenting. — I do not concur in so much of the foregoing opinion as holds that the ordinance of the defendant, passed March 25, 1878, after the plaintiff was elected
• “ Section 1. That all cities of the first class organized under the general incorporation law, and all cities organized under special charter, may provide by ordinance that all judges of police courts or other city courts, city marshals, chiefs of police, police officers, and all other officers elected or appointed, shall receive, in lieu of all fees now allowed by daw or ordinance, such fixed salary, in monthly or quarterly instalments, as may be provided by ordinance, when not provided by law, which salary, when it shall have been fixed, shall not be increased or diminished during their terms of office.
“Section 2. No such officer of any such city shall receive, for his own use, any fees or other compensation for his services, of such city, than that which shall be provided as contemplated in section 1 of this act; but all such fees as are now or may hereafter be allowed by law for such services shall, by such officer, when collected, be paid-into the city treasury, at such time and in such manner as may be prescribed by ordinance.
• -“Section 3. All acts and parts of acts in conflict herewith are hereby repealed; provided, that the intent of this act is not to -abolish any fees now allowed by law, but to require the same to be paid into the city treasury.”
Pursuant to this statute the ordinance in question was passed. I think this statute repeals section 491 of the Code, and authorizes cities to provide for the incumbents of city offices a fixed salary in lieu of the fees before authorized.
Section 524 of the Code provides: “The officers of cities
Section 45 of the Code provides: “In the construction of the statutes the following rules shall be observed, unless such construction would be. inconsistent with the manifest intent of the General Assembly, or repugnant to the context of the