Baldwin v. City of Philadelphia
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No 3 of Philadelphia County : Of July Term 1881, No. 33, Eastern District. Amicable action in debt, by William Baldwin against the City of Philadelphia to recover a sum alleged to be due plaintiff for salary as chief commissioner of highways for said city.
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Error to the Court of Common Pleas No 3 of Philadelphia County : Of July Term 1881, No. 33, Eastern District. Amicable action in debt, by William Baldwin against the City of Philadelphia to recover a sum alleged to be due plaintiff for salary as chief commissioner of highways for said city. The following case stated was submitted to the court:— “ By an ordinance of the councils of the City of Philadelphia, approved December 23d 1874, the Department of Highways, Bridges and Sewers for the city of Philadelphia was constituted, consisting of a chief commissioner and six assistants. The former at…
1Opinion of the CourtJustice Paxson
It appears, from the case stated, that when the plaintiff was *170first elected chief commissioner of highways for the city of Philadelphia, the salary of the office was $4,000 per annum. Subsequently, and during his first term of said office, the salary was reduced to $3,600. This reduction was acquiesced in by the plaintiff, no one doubting the power of councils to make it. During his second term councils increased his salary to $4,500, which increase the city declined to pay, and it forms the subject of this contention.
The court below held that the plaintiff was a public officer within the…
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