45 A.2d 494 | N.J. | 1946
The judgment under review is affirmed, for the reasons expressed in the opinion delivered by Mr. Justice Colie in the Supreme Court, supplemented as follows:
The appellant concedes that Ordinance No. 1517, fixing salaries under R.S. 40:46-23, was not faulty in that it left a range within which a salary or wage might be moved without the formality of a further ordinance. The Supreme Court acquiesced in that view and, under the facts of the case, we concur. We note, however, that the range within which that movement is left to less formal determination than by ordinance is not so great as to emasculate the ordinance of its salary-fixing force. A salary ordinance must meet its statutory obligation of fixing salaries.
Further, we think that the holding in Chapman v. Edwards,
For reversal — HEHER, PERSKIE, JJ. 2.