Marquis v. City of Santa Ana

Citations

• 103 Cal. 661
• 37 P. 650
• 1894 Cal. LEXIS 841

Syllabus

<p>Municipal Corporations—Power Over Salary of Officers.—The power of a corporation to fix or change the salary of its officers rests entirely upon statute, and the exercise of this power is subject to all of the limitations contained in the statute.</p> <p>Id.—Change of Salary of City Assessor—Municipal Government Act.—A municipal corporation which is subject to the municipal government act, which provides that the compensation of its city assessor shall not be increased nor diminished during his term of office, can neither directly, by express ordinance for that purpose, diminish the amount of his salary during his term, nor can it accomplish that result indirectly, by diminishing the duties of his office or dispensing with his services.</p> <p>Id.—Municipal Taxation—Assessment by County Assessor—Election of Act by Ordinance—Repeal of Salary of City Assessor—Repeal of Poll Tax—Abolpiton of Office—An ordinance adopted by a municipal corporation of the fifth class, electing to avail itself of the provisions of the act of March 2, 1891, to make the assessment of property by the county assessor the basis of municipal taxation, and also repealing a former ordinance fixing the compensation of the city assessor, and another ordinance repealing all provisions for street poll tax, cannot have the effect to alter or change the salary of the city assessor or to abolish his office.</p> <p>Id.—Right of Officer to Salary—Cessation of Duties.—The right of an officer to the salary fixed by law for that office is not impaired by any change that may be made in the duties of the office, or even by an entire cessation of those duties, so long as the office itself remains in existence.</p> <p>Id.—Power to Abolish Municipal Office.—A municipal office created by the legislature cannot be directly or indirectly abolished by the city.</p> <p>Id.—Action by Municipal Officer For Salary—Mandamus—Election of Remedy.—A municipal officer is not required to proceed by writ of mandate to compel t