111 Mich. 585 | Mich. | 1897
Relator was removed from the police force of ’the city of Saginaw December 15, 1894. Subsequently proceedings were instituted by which he was reinstated. Wilkinson v. Saginaw Police Com’rs, 107 Mich. 394. He thereupon made an application to the
The general rule, undoubtedly, is that where an officer has been prevented, through no fault of his own, from performing the duties of his office, he is entitled to recover his salary during the interim, and it has been held also that in such case he cannot be compelled, in an action to recover his unpaid salary, to account for wages earned in other and different employment. See Fitzsimmons v. City of Brooklyn, 102 N. Y. 536 (55 Am. Rep. 835). This rule rests upon the ground that the emoluments of the office belong to the officer as an incident of his office; that he is entitled to its full amount, not by force of any contract, but because the law attaches it to the office. But, while this is the general rule, we think the present case is an exception. It is equally well settled that an officer is not entitled to receive compensation for services except as it is fixed by law. Section 5 of title 11 of the charter of the city of Saginaw (Act No. 455, Local Acts 1889) provides, as to police officers, that, “for the time engaged in active service, each member so engaged shall be paid such salary as shall be recommended by the board and approved by the common council.” The intention of the
The order of the circuit court will be affirmed.