75 Iowa 356 | Iowa | 1888
— When plaintiff was elected to the office of city treasurer, the following ordinances were in force:
“Chapter IX. * * * Sec. 16. That the treasurer shall, before entering upon the duties of his office, execute a bond to the city in the sum of five thousand dollars. He shall collect, receive and safely keep, all moneys due or belonging to the said city, and for any sum of money so received shall execute duplicate receipts, one of which shall be delivered to the person from whom such sum shall be received, and the other returned to the city clerk. * * *”
“ Sec. 18. The treasurer shall be ex officio the collector of the city, and shall perform all the duties required by law or ordinance to be performed by the city collector.”
“Chapter VII. Sec. 5. The city treasurer shall receive as compensation one per cent, on all collections made by him, and also one per cent, on all disbursements made by him from the city treasury; provided that, for all moneys received by him of the county treasurer, he shall receive no compensation.”
The city negotiated its bonds to the amount of forty thousand dollars, for the purpose of raising the necessary money for the erection of a system of water-works. The arrangements for the negotiation of the bonds were made by the mayor with a firm of brokers in Chicago, but the moneys derived therefrom were paid over to plaintiff, who kept and disbursed the same to the contractors who did the work for the city. And his claim is for the compensation provided by section 5, chapter 7, for collecting and disbursing that amount of money. Before the bonds were negotiated, plaintiff signed .and delivered to the city a writing, by which he agreed to accept as full compensation for receiving and disbursing the moneys which should be derived therefrom the sum of fifty dollars. Afterwards, however, but before the bonds were negotiated, he gave a written notice to the city council that he would decline to accept any