Mayor of Cambridge v. City of Cambridge

• Decision Date: 16 October 1917
• Citation: 228 Mass. 249
• Parties: MAYOR OF CAMBRIDGE v. CITY OF CAMBRIDGE.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

228 Mass. 249

MAYOR OF CAMBRIDGE v. CITY OF CAMBRIDGE.

Supreme Judicial Court of Massachusetts, Middlesex.

October 16, 1917

September 18, 1917.

Present: RUGG, C J., LORING, BRALEY, DE COURCY, & PIERCE, JJ.

Municipal Corporations. Cambridge. Interest.

Under the provision contained in St. 1915, c. 267, Part III, Section 7, that in all cities adopting the Plan B form of government, the new city council shall determine the salary to be received by the new mayor, not exceeding $5,000, and that "His salary shall not be increased or diminished during the term for which he is elected," and under the provision of St. 1915, c 267, Part I,

Section 4, that "All ordinances . . . of a city . . ., existing at the time when such city adopts a plan of government set forth in this act, shall continue in full force and effect until annulled, repealed, modified or superseded," an ordinance of the city of Cambridge, which was in force when that city adopted the Plan B form of government, fixing the salary of the mayor under the former charter at $3,500 a year, is in conflict with the power given to the city council by the new charter and does not impair the validity of an ordinance, passed by such city council four months after the adoption of the new charter, fixing the salary of the mayor under that charter at $5,000 a year. The city of Cambridge adopted the Plan B form of government in November,

1915. The ordinance of the city council of Cambridge under the new charter referred to above, was passed on March 21, 1916, and provided that the mayor's salary of $5,000 a year should begin on the first

Monday in January, 1916. On March 25 the mayor made demands on the auditor for his salary for the months of January and February at the rate of $5,000 a year, and thereafter on the first day of each month presented to the auditor a claim for his monthly salary at the rate of $5,000 a year. All these demands were refused by the auditor. An ordinance of the city provided that pay-day for services performed for the city should be the tenth day of the month succeeding the month in which the services were rendered. Held, that the mayor was entitled to interest on three months' salary from April 10, 1916, and to interest on the salary for each of the other months from the tenth day of the month next succeeding the month for which the salary became due.

CONTRACT by Wendell D. Rockwood, who on December 21, 1915, was elected mayor of Cambridge for a term of two years from the first Monday of January, 1916, for $5,000, alleged to be the amount of his salary from January 3, 1916, to January 1, 1917.

In the Superior Court the case was submitted to Fox, J., upon an agreed statement of facts, of which the substance is stated in the opinion. The judge found the facts to be as stated in the agreed statement of facts and reported the case for determination by this court, such judgment to be entered as should be in accord with such determination.

St. 1915, c.

267, Part III, Section 7, so far as material, is as follows: "The mayor shall receive for his services such salary as the city council by ordinance shall determine, not exceeding five thousand dollars a year, and he shall receive no other compensation from the city. His salary shall not be increased or diminished during the term for which he is elected."

St. 1915, c.

267, Part I, Section 4, is as follows: "All ordinances, resolutions, orders or other regulations of a city or of any authorized body or official thereof, existing at the time when such city adopts a plan of government set forth in this act, shall continue in full force and effect until annuled, repealed, modified or superseded."

A. T. Smith, for the defendant. F. T. Hammond, for the plaintiff.

LORING, J. In November, 1915, the defendant city adopted the second of the four charters which the several cities of the Commonwealth (outside of Boston) by force of St. 1915, c. 267, were given permission to adopt, called in the statute Plan B. In December, 1915, the plaintiff was elected and on the first Monday of January, 1916, he qualified as mayor under the new charter. Acting under Section 7 of the new charter (St. 1915 c. 267, Part III) the new city council on March 21, 1916, adopted an ordinance determining that the salary of the mayor should be $5,000 a year and that it should begin on the first Monday of January, 1916. On the defendant refusing to pay the salary so established this action was brought by the plaiptiff to recover the salary then due him for his first year of service.

The defence set up is that the ordinance of March 21, 1916, is void. This contention is based on the fact that an ordinance was...