81 Iowa 527 | Iowa | 1890
Plaintiff is a resident and taxpayer of Boone county. The defendants in the proceeding as it was commenced are Boone county, the auditor and the members of the board of supervisors of Boone county. The appellant Whitaker was permitted to intervene as a party defendant before final judgment was rendered. The petition alleges that the board of •supervisors of Boone county, at the June session of 1886, adopted the following: “Besolved by the board of supervisors of Boone county, Iowa, that the salary of the county attorney hereafter to be elected, as provided by the act of the Twenty-first General Assembly, be and the same is hereby fixed at four hundred dollars per annum ; ” that J. R. Whitaker ivas duly elected county attorney of Boone county at the general election of the year 1886, and qualified and entered upon the discharge •of the duties of the office on the fourth day of January, 1887; that on the eleventh day of April, 1887, the board of supervisors adopted the following: “It being manifest to the board that a mistake was made at its June session, 1886, in naming the county attorney’s salary, said board being at that session wrongly informed that said officei’s would receive fees in criminal cases, .and it being undisputed that the salary was named on that basis, it is, therefore, ordered that the further sum •of four hundred dollars per annum be added to the ■amount named at said June session, for the purpose of rectifying the mistake then made ; ” and that defend-.ants have issued warrants to Whitaker under the resolution last quoted for his salary at the rate of eight hundred dollars per annum. The petition further .alleges that the action of April 11 was illegal, and asks that defendants be required to certify to the clerk of
It is said that the law of contracts does not apply to this case, and that the board of supervisors may at any time increase or diminish the salary of the county attorney, even during his term of office. The general rule has been stated, as follows: “A municipal corporation may, unless restrained by charter, or unless the employment is in the nature of a contract, reduce or otherwise regulate the salaries and fees of its officers according to its view of expediency and right. Although an officer may be elected or appointed for a fixed period, yet, where he is not bound, and cannot be compelled to serve for the whole time, such election or appointment cannot be considered a contract to hire for a stipulated term. Ordinances fixing salaries ai’e not in the nature of contracts with officers.” 1 Dill. Mun. Corp., sec. 170. It was held in Iowa City v. Foster, 10 Iowa, 191, that there is nothing in the nature of a contract pertaining to the relation between municipal corporations and their officers. The act which created the office of county attorney provides for the resignation of the officer. Acts, 21st Gen. Assem., sec. 9, ch. 73. Therefore, if the general .ule governs in this case, the salary of the county attorney may be changed during his term of office. Section 3789 of the Code allowed the sheriffs of certain counties annual salaries to be fixed by the proper boards of supervisors. Referring to that provision, this court said in Holmes v. Lucas County, 53 Iowa, 212, that, although the statute did not prescribe the time when the board should act, yet it might properly do so before the service was rendered ; and that the allowance of the salary at the commencement of the official term is demanded by fair dealing. What was said in that case may well be said of the salary of county attorney without regard to the statute ; but when that is considered, and the motives which must have prompted its enactment, we must conclude
'The judgment of the district court is affirmed.