Wilson v. Mayor & Common Council
WILSON v. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN JOSE
- Area
- civil
- Panel
- William J. Murray, Jr. (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Murray
Murray, C. J., delivered the opinion of the Court—Terry, J., concurring.
The eighteenth section of the charter of the city of San José provides that the common council shall have power to create the office of city collector, and such other offices as they may deem necessary. The twenty-first section of the same act provides that all officers mentioned in the act, and those created under it, shall be elected on the second Monday of April of each year, and shall hold office for one year.
Granting that the latter section limits the power of the common council to abolish the office, or remove the incumbent, (on which we express no opinion,) still, the ninth section of the act gives the common council the power to fix the salaries of office, and a tariff of fees of officers, and we see no reason why the ordinance abolishing the office of street commissioner, and substituting fees instead thereof, is not legal and binding on the officers.
Judgment affirmed.