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eBook details

• Title: Broadwater v. Kendig Et Al.
• Author : Supreme Court of Montana
• Release Date : January 18, 1927
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Cities and Towns ? Officers ? Increase of Salaries During Terms ? Inapplicability of Constitutional Provision ? Ordinances to Take Effect in Futuro are Laws in Praesenti. Cities and Towns ? Increase of Salaries of Officers During Term ? Constitutional Provision Inapplicable. 1. Held, that the provision of section 31, Article V of the state Constitution that no law shall increase or diminish the salary of any public officer after his election or appointment has reference to Acts of the legislative assembly and not to city ordinances. Same ? Powers ? Ordinances ? Nature of Enactments. 2. A city is a body politic and corporate, established by law to assist in the government of the state, with delegated authority to regulate and administer its local and internal affairs, without powers other than those expressly conferred; its ordinances are its laws as distinguished from the laws enacted by the state legislature. Same ? Ordinance to Take Effect in Futuro is Law in Praesenti. 3. An ordinance, like a statute, to take effect in futuro is a law in praesenti; it has a potential existence despite the fact that its effective day is postponed. - Page 516 Same ? Increase of Salary of Mayor at Close of First Term Properly Payable on Assumption of Office on Subsequent Term. 4. Held, that the provision of section 5026, Revised Codes 1921, that the salary of a city officer shall not be increased or diminished during his term of office, means the term the officer is then serving, and that therefore, under the rule above (par. 4), where the salary of a mayor was increased by ordinance near the close of his first term, which increase could not, under section 5060, become effective until after his second term had commenced, the increase was made during his prior term and not during the term he was then serving, and the officer was entitled thereto. Same ? Increase of Salaries of Officers During Terms ? Constitutional and Statutory Provisions to be Strictly Enforced, When. 5. The rule established by section 31, Article V, of the Constitution as to increase of salary of a state officer after election or appointment, as well as by section 5026, Revised Codes, on the same subject with relation to city officers, must be strictly enforced, provided the reason underlying it is present; whenever the reason for it ceases, so does the rule.

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