Carver v. City Of Charleston

• Citation: 169 S.E. 521
• Decision Date: 28 March 1933
• Docket Number: Nos. 7463, 7464.,s. 7463, 7464.
• Court: Supreme Court of West Virginia
• Parties: CARVER. v. CITY OF CHARLESTON et al. MEDLEY. v. SAME.

169 S.E. 521

CARVER.
v.
CITY OF CHARLESTON et al.
MEDLEY.
v.
SAME.

Nos. 7463, 7464.

Supreme Court of Appeals of West Virginia.

March 28, 1933.

[169 S.E. 521]Syllabus by the Court.

The proclamation of the Governor calling the Legislature into special session in 1932 reveals as one of its objects the reduction of government costs, authorizing the enactment of legislation reducing the salaries or wages of public employees, as well as the salaries of public officials, specifically authorized therein.

Original mandamus proceedings by E. P. Carver and by W. L. Medley against the City of Charleston and others.

Mandamus denied.

Silverstein & Silverstein, of Charleston, for relators.

Charles Ritchie and Philip H. Hill, both of Charleston, for respondents.

LITZ, Judge.

Each of the relators, E. P. Carver and W. L. Medley, by separate petitions, seek a peremptory writ of mandamus commanding the respondents, city of Charleston, a municipal corporation, R. P. Devan, mayor, H. C. Walker, manager, Emmett Silman, auditor, and J. D. Price, treasurer, thereof, to pay each of them a semimonthly installment of his salary as municipal court clerk and street commissioner, respectively, of said municipality.

The controversy involves the validity of an act of the 1932 Special Session of the Legislature, c. 20, known as Senate Bill No. 47, reducing the salaries or wages of all public officials and employees in excess of $1,200. and not more than $2,000, 10 per centum; in excess of $2,000 and not more than $3,000, 15 per centum; and in excess of $3,000, 20 per centum.

The act is assailed on the ground that it is not within the proclamation of the Governor calling the Legislature into special session, and therefore violates section 7, article 7, of the state Constitution, limiting the action of the Legislature, in special session, to the "business * * * stated in the proclamation by which it was called together."

"The revision of salaries paid all public officials now fixed or authorized by general or special statute" is the third item stated in the original proclamation. After the assembling of the Legislature, the Governor undertook to "broaden" this item of his call by including the revision of compensation paid all public agents and employees and the compensation received by every other person from public funds. The relator, Carver, being a public official whose office is created and salary authorized by section 5 of the municipal charter (a "special statute"), the act in so far as it...