Mathewson v. Tripp

• Decision Date: 31 December 1884
• Citation: 14 R.I. 587
• Parties: J. B. MATHEWSON et al. v. BENJAMIN TRIPP, City Treasurer of the City of Providence, et al.
• Court: Rhode Island Supreme Court

14 R.I. 587

J. B. MATHEWSON et al. v. BENJAMIN TRIPP, City Treasurer of the City of Providence, et al.

Supreme Court of Rhode Island.

December 31, 1884

A statute provided that the Board of Public Works in the city of Providence might hire such employees as it deemed needful " and agree with them for their compensation, provided however, that when such compensation shall exceed the sum of $1,000 per annum such compensation shall be subject to the approval of the city council … which said compensation shall be paid out of the city treasury."

Of the employees so hired, the city council approved the compensation of all except two, who were hired at more than $1,000 per annum, and in regard to whom the council took no action.

Held, that these two were entitled to the pay agreed on with the Board of Public Works.

Held, further, that the city council could disapprove the compensation agreed on by the Board of Public Works or approve it with a reduction in amount, but could not, by mere non action, defeat the agreement made by the board.

BILL IN EQUITY brought by certain tax payers resident in Providence against the city treasurer and the city auditor, asking for an account, an injunction, and an order to compel the treasurer to refund certain moneys paid by him from the treasury.

Charles A. Wilson & Thomas A. Jenckes, for complainants.

Nicholas Van Slyck, City Solicitor of the City of Providence, for respondents.

DURFEE C. J.

This is a suit in equity for an injunction to restrain the defendants, the city auditor and city treasurer of the city of Providence, from auditing and paying the salaries of certain employees of the Board of Public Works of said city, and for other relief. The question involved arises under the following provision of Pub. Laws R.I. cap. 815, of April 15, 1880, being the act for the establishment of the Board of Public Works, to wit: " Said board may employ such agents and servants as they may deem necessary and agree with them for their compensation; provided, however, that when such compensation shall exceed the sum of one thousand dollars per annum such compensation shall be subject to the approval of the city council; and provided, further, that the aggregate amount paid for such compensation shall not exceed the amount appropriated therefor by said city council, which said compensation shall be paid out of the city treasury."

Previous to January 17, 1881, the board employed several persons under this provision, agreeing with them for a compensation in excess of $1,000 per annum . On January 17, 1881,...