Coyne v. Rennie

Citations

• 97 Cal. 590
• 32 P. 578
• 1893 Cal. LEXIS 595

Syllabus

<p>Municipal Corporations — Charter op San Diego — Reduction op Salary op Chief op Police — Power op Common Council. —The freeholders’ charter of the city of San Diego, adopted in May, 1889, which, after fixing the salaries to he paid to the chief of police and other city officers, provides that “the common council, in the month of January, 1891, and every four years thereafter, shall readjust and fix anew the amount of all official salaries provided for in this charter,” is to be construed as if it was a direct provision that the salaries of the city officials shall be fixed in the month o£ January, 1891, and every four years thereafter, but that until so fixed they shall be at the amounts specified therein; and a reduction, by the common council, of the salary of the chief of police, made in the month of January, 1891, is not an amendment of the charter, but is merely the execution of the power conferred upon the council by the charter itself.</p> <p>Id. — Acceptance of Reduced Salary — Demand for Additional Salary after Expiration of Term — Mandamus. — Where the chief of police of the city of San Diego, after his salary was reduced by the common council, voluntarily continued to hold the office and accepted the reduced salary until the expiration of his term, his demand upon the auditor for additional salary, made eight months after the term had expired, was properly refused, and a demurrer to his petition for a writ of mandate to compel payment thereof was properly sustained.</p> <p>Id.—Municipal Officer's — Power of Resignation—Contractual Relation — Reduction of Salary during Term. — The mere appointment or election of a municipal officer for a specified time and salary creates no contractual relation, where such officer is at liberty to resign whenever he may elect to do so; and although his term and salary may he named in the charter, yet there is no contract for a stipulated time and price that is binding on the public, and a municipal officer, after the re