Plаintiff brings this action, as a taxpayer of the village of Morris, for himself and others similarly interested, to recover mоney wrongfully voted by the village council to one of its members. The cause was tried to the court, who found that thе allegations of the complaint were true; also that the defensive matters set forth in the answer were nоt established; and as a conclusion of law held that judgment should be entered against defendant Bevans for the amount claimed by plaintiff in behalf of the village. Upon a settled case containing the evidence, the defendants moved for a new trial, which was denied. From this order they appeal.
It is provided in the organic aсt of the village of Morris that its governing body shall be a president and four councillors who
*128 “Shall constitute the common council of the village, * * * a majority of whom shall constitute a quorum for the transaction of business.” Sp. Laws 1881, c. 30, § 4.
Such council is clothed with the usual powers given to the legislative bodies of municipalities in this state, and could incur an indebtedness for a water plant and extension.
Defendant Bevans was president of the council. Thе other four .defendants were the members thereof. In 1891 an extension to the waterworks system of the village was сontracted for by the council. New' mains were to be laid, and bonds issued to pay therefor. The president manifested considerable interest in the matter, and aided in superintending the work. He also visited Dubuque, Iowa, with referеnce to a suit brought by parties in that city against the village, growing out of matters connected with the waterworks. In сonsideration of such assistance by the president of the council, and in order to secure his active services until the completion of the enterprise, the council, at a meeting held August 30, 1891, adopted a resоlution appropriating to him the sum of $50 per month from July 1, previous to January 1 following. At such meeting Bevans was not рresent, and did not participate in the resolution, but in pursuance thereof orders were thereafter issued for $150, which he collected.
According to one view of the complaint, it would seem as if the theory of thе plaintiff was that this appropriation of money for services of the president of the council was regarded as an attempt to increase his salary, which would clearly be in violation of a specific limitаtion of the village charter, which forbids any member of the council from receiving more than $3 per month during any one year for his services. Sp. Law's 1881, c. 30.
In defendant’s answer it was alleged, however, that the services of Bevаns were rendered to the village in an independent employment not germane to his official duties, and that all the services for which he was thus paid were outside the scope thereof. This is really the statement of a conclusion of law, for it is conceded in the record that Bevans was a member of the council; that thе compensation for the services rendered were not accepted as a
If the president of the council had the right, under the conceded facts, to enter into a contract with the village, which could only be negotiated through the council of whiсh he was a member, for services which he was himself to render, we would be required to go further, and consider the оrders of the trial court in the exclusion of testimony tending to show the meritorious character of the servicеs actually rendered to the municipality; but we are very cleaV that the resolution was illegal, and could сonfer no rights upon a member of the council, based upon an agreement with that body for compensаtion. The relation of members of the council to the village was one involving trust and confidence, and such member^ could not make contracts with themselves relating to public affairs, or derive any emoluments therefrоm not specifically authorized by law.
It is a fundamental principle that the same person cannot aсt for himself, and at the same time,, with respect to the same matter, as the agent of another, whose interеst might be in conflict with his. The two relation's impose different obligations, and their union would at once involve a cоnflict between interest and duty. Wardell v. Union Pac. R. Co.,
In G. S. 1894, § 6666, it is provided that
“A public officer, who is authorized to * * * make any contract in his official capacity, or to take part in making any such * * * contract, who voluntarily becomes interested individually in such contract * * * directly or indirectly, is guilty of a misdemeanor.”
The purpose of this statute is plain, and thе contract, being within its express prohibition, was void, and cannot be made the basis of a valid contract rеlation. Ingersoll v. Randall,
It is therefore immaterial, in view of the admitted facts, that the trial court refused to receive evidence tending to show that
Order affirmed.