70 Vt. 455 | Vt. | 1898
The words, “towns” and “selectmen,” include cities and aldermen, and the law applicable to the inhabitants and officers of towns is applicable to the inhabitants and similar officers of all municipal corporations. V. S. 19, Acts 1896, No. 148, § 4. Selectmen of towns and aldermen of cities are similar officers. In regard to town officers, it was early held, “if no law of the state fixed their compensation or pay, their services must be gratuitous.” Boyden v. Brookline, 8 Vt. 284. And by statute V.S. 3060, no claim for personal services as a town officer shall be allowed except when compensation is fixed by law or by vote of the town. The right of town officers to compensation for their official services is regulated by statute. Barnes v. Bakersfield, 57 Vt. 375. Every city charter in this State, as originally passed, save that of Vergennes, in 1788, contains a clause prohibiting the payment to the aldermen of any compensation for their official services. This is true even of the charter granted to but not accepted by the city of Burlington. Acts 1852, No. 85, § 2.
Except the Barre charter, but one other, that of Burlington, has been changed in this respect, and this change may be well kept in mind in the consideration of the question before us. Acts 1896, No. 148, § 24, provides that aldermen in that city, “shall receive such compensation for their official services as the legal voters of the city, at any meeting duly warned for that purpose, shall direct.” This act is significant in recognition of the fact that unless specific provision is made by law for the payment of city officials, the power to pay or not to pay them is in the legal voters.
It is inconsistent for aldermen or other officials, to determine their own compensation. It is fundamental that a man shall not be a judge in his own case. It was early said that no man can serve two masters.
It was not the intent of the legislature, in granting the charter before us, that the aldermen of Barre should be
Petition dismissed with costs.