123 Mo. App. 184 | Mo. Ct. App. | 1907
Monett is a city of the third class. At the general election held in the said city April 7, 1903, plaintiff was elected marshal for a term of one year. He qualified and discharged the duties of his office during his term. At the end of each month plaintiff presented a salary account of fifty dollars to the city council for allowance, and the accounts as presented, were audited and allowed. At the termination of plaintiff’s term of office, a balance of one hundred and twenty
The controversy arises out of a dispute in respect to the legality of a certain ordinance, found recorded in the book of ordinances of said city, by which it appears the salary of the marshal was fixed at fifty dollars per month. The ordinances of the city were revised in 1898. In the revised ordinances the salary of the marshal is fixed at forty dollars per month. The ordinance purporting to raise the salary to fifty dollars per month is marked as passed March 28, 1899, to> take effect April 10, 1899. The journal or minutes of the meeting of the city council on March 28, 1899, do not show that the ordinance was passed at that meeting", or that it was read, in fact, does not mention it, nor does the journal anywhere show the passage of the ordinance. On March 24, 1903, the city council undertook to pass an ordinance fixing the salary of the marshal at forty dollars per month. This ordinance purports to have been approved by the mayor March 25, 1903. The journal shows that the latter ordinance was read three times at the meeting of the city council on March 24, 1903, and that there were three votes in favor of its passage and one vote against it. Section 5767, chap. 91, art. 4, concerning cities of the third class, R. S. 1899, provides that cities of the third class must be divided “into not less than four wards, and two eouncilmen shall be elected from each of such wards,” etc. Section 5832, same chapter and article, provides: “No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the council shall vote therefor.” The ordinance, therefore, did not receive the votes of a majority of the members elected, and failed to pass. In these circumstances, the learned
The judgment is affirmed.