Lewis v. Jane

Citations

• 129 Miss. 475
• 92 So. 582

Syllabus

<p>Municipal Cobpobations. Limitation of period for which commissioners should receive stated salary held void; void limitation as to period for ztihich commissioners should receive salary held not to invalidate other portion of ordinance.</p> <p>Under section 9 of chapter 120, Laws of 1912 (section 6046, Hemingway’s Code), providing that the salary of the commissioners under the commission government plan for governing cities shall be fixed by an ordinance approved by the qualified electors, “and when once such ordinance shall have been passed, published and approved . . . the same shall not be altered or repealed unless the ordinance so amending or repealing the same be approved and ratified by the qualified electors,” it was the duty to fix the salary permanently, and the commissioners had no power to fix a limitation at which it would automatically expire, and such limitation is void and separable, and the salaries so fixed remain in force until a new ordinance is duly passed as required by this act.</p>