Nunemacher v. City of Louisville
Decision Date | 22 November 1895 |
Citation | 32 S.W. 1091,98 Ky. 334 |
Parties | NUMEMACHER v. CITY OF LOUISVILLE et al. |
Court | Kentucky Court of Appeals |
Appeal from circuit court, Jefferson county.
"To be officially reported."
Application by Frank Nunemacher for mandamus to the city of Louisville and its comptroller. Application denied, and plaintiff appeals. Affirmed.
Helm & Bruce, for appellant.
H. S Barker, for appellees.
The validity of a contract between the city of Louisville and the Courier-Journal Job Printing Company is assailed in this case because a member of the general council of the city held an office for pay in the printing company at the time of the attempted making of the contract. Section 6 of the statute for the government of cities of the first class (Laws 1893 c. 244; St. Ky. § 2768) provides as follows: The contention upon the one hand, is that the section refers only to the matters of eligibility; upon the other, that such a contract as is referred to is forbidden, and is therefore void. The section is found under the head of "Legislative Department," and on its face does not purport to affect the validity of contracts. It treats solely of the eligibility of members of the general council, and does not in terms at least, declare void a contract in which a member, in spite of the section, may be interested. A rigid adherence, therefore, to the letter of the statute would lead us to hold that the making of such a contract would only render ineligible the interested member. Manifestly, such a construction falls far short of effectuating the purpose of the lawmakers. It is a matter of small concern, comparatively, who may or may not retain a seat in the council, but the public is vitally interested in the execution of the contracts of the city. If the retiring and interested member, upon becoming ineligible, leave behind him an enforceable contract, he is permitted to accomplish what he may have obtained his seat in the council for. It is proper to observe here that no suggestion is made that the members of the council who was in the pay of the contracting company had aught to do with making the contract involved in this case. That tribute to his integrity is paid by counsel assailing the contract. But it is not contended that this fact affects the question. In our opinion, the effect of this section is to render void contracts between the city and any person who is a member of the council, or between the city and any corporation which has a member of the council for one...
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