130 Me. 295 | Me. | 1931
On report. Assumpsit to recover $166.67 alleged to be due as salary of health officer for the months of June and July, 1930. The facts are not in dispute.
Plaintiff was duly elected and qualified as health officer of the defendant city for a term of three years beginning January 1,1926,
Plaintiff has never been removed by the city council. In 1927, during the term for which plaintiff was originally elected, the city government passed a resolution notifying him that his services were no longer required and elected one Nadeau to fill out the unexpired term. Apparently this was no more than an attempt to procure plaintiff’s resignation, and failing that, no further attention was given the matter.
After the expiration of his regular term, two attempts were made to choose his successor. On January 7, 1929, the city council elected Leniere Doyon health officer for the ensuing three years. Mr. Doyon did not qualify and never undertook to perform the duties of the office. Plaintiff therefore continued to act and was paid the regular salary during the next five months, and since that time has been at all times ready, willing and able to act as health officer but has been prevented by the defendant from so doing. On June 2, 1930, the city council elected Frederick Sullivan health officer for one year. On the following day, he took the oath of office, but the selection was hot approved by the State Commissioner of Health. Lacking that approval, Mr. Sullivan has not qualified.
In view of the provisions of the statute and city ordinance already quoted, plaintiff was, at the date of the writ, health officer of defendant city and, holding the legal title to that office, was entitled to the salary.
“The person who holds the legal title to an office is entitled to the legal right to the salary.” Andrews v. Portland, 79 Me., 484.
Judgment for plaintiff for $166.67 with interest from date of writ.