45 Ind. App. 256 | Ind. Ct. App. | 1909
This is an action by appellee to recover salary for 1903, 1904 and 1905 for services as physician for a hospital for contagious diseases maintained by the city of Indianapolis. Judgment was rendered for $1,017.81. The claim is based upon an ordinance of July 7, 1873, which provides that the management of said institution shall be vested in the board of directors of the city hospital, who shall place
The ordinance under consideration is not inclusive, as are the statutes considered in the cases just cited. The restriction is expressly limited to the making of contracts, express or implied. The power of its officers to incur obligations in excess of the appropriation is denied. To a case coining within its terms, the authorities cited by appellant would be applicable, but the right to the salary of a public officer does not rest in contract. “A public officer is entitled to the salary provided by law, because the law attaches the salary to the office as an incident thereto, and not by force of contract. ’ ’ Board, etc., v. Chapman (1899), 22 Ind. App. 60. See, also, City of Brazil v. McBride (1879), 69 Ind. 244, 256; Hall v. Wisconsin (1880), 103 U. S. 5, 26 L. Ed. 302; City Council, etc., v. Sweeney (1871), 44 Ga. 463, 9 Am. Rep. 172; Mechem, Public Officers, §5.
The appellee is entitled to the compensation attached to the office by the ordinance of 1873, and not because of any contract, express or implied, made by any executive department officer or employe.
Judgment affirmed.