50 Wis. 204 | Wis. | 1880
We are clear in the opinion that the common council, at its meeting on the 28 th of March, 1876, fixed the salary of the treasurer to be elected at the next ensuing election at $1,000, and that he can claim no more than that sum. Section 12, ch. 179, Laws of 1876, gave the common council ample authority thus to fix the salary. But some objections are taken by the learned counsel for the defendants to the validity of this action of the common council. He claims that, under the provisions of the city charter (chapter 262, Laws of 1875), the common council could only fix the salary of the treasurer by
But it is further objected that the meeting of the common council on the 28th of March was irregular, or not held pursuant to a lawful adjournment. The record of the proceedings shows a meeting of the common council on the 17th of March,
It appears, furthermore, that at the meeting on the 17th the common council attempted to fix the salary of the treasurer at $1,500. This action was clearly unauthorized, as chapter 179
It appears that at the end of the treasurer’s term of office a settlement was made with him. It is said that in this settlement he was allowed $1,500 salary. No such fact, however, appears- from the settlement, nor can the inference be drawn from the action of the common council in the matter, that he was to be allowed $1,500 as his ■ salary. The proceedings show merely that a special committee was appointed by the common council to make a final settlement with the treasure!’, and that such committee examined his accounts, and made a report of the moneys received and paid out by him; but there is nothing in the report showing that the treasurer had retained and been allowed $1,500 as his salary. The report of the committee was adopted by the common council, and this is all that was done in regard to the settlement. There is, therefore, no ground for saying that the treasurer was allowed more than $1,000 salary on a final settlement of his accounts.
It follows, from these views, that the judgment of the circuit court must be affirmed.
By the Court. — Judgment affirmed.