Vare v. Walton

Citations

• 236 Pa. 467
• 84 A. 962
• 1912 Pa. LEXIS 779

Syllabus

<p>Municipalities — Contracts — Extra compensation — Act of May 28,187Jt, Sec. 5, P. L. 280.</p> <p>1. The Act of May 23, 1874, Sec. 5, P. L. 230, which provides that “no ordinance shall be passed, except by two-thirds vote of both councils, and approved by the mayor, giving any extra compensation to any public officer, servant, employee, agent or contractor after services shall have been rendered or contract made” is a valid law; and if such an ordinance has been passed by a two-thirds vote of both councils, and approved by the mayor, the courts have no power to declare it void, although the contract with the contractor to whom the extra compensation was voted, may have been void, and the city under no obligation to pay anything; nor can the court say that the amount directed by the ordinance to be paid was too large or too small.</p> <p>2. Such an ordinance is a final and accomplished act, and must stand until repealed, and the power to repeal it does not lie with the court.</p>