Commonwealth v. Bacon
Supreme Court of Pennsylvania
RULE to shew cause why a. mandamus should not issue to John Bacon, Treasurer of the city of Philadelphia, commanding him to pay an order drawn on him by James N. Barker, esq. Mayor of the said citv, dated 19th January, 1820, for a quarter’s salary, amounting to seven hundred and. W dollars.
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RULE to shew cause why a. mandamus should not issue to John Bacon, Treasurer of the city of Philadelphia, commanding him to pay an order drawn on him by James N. Barker, esq. Mayor of the said citv, dated 19th January, 1820, for a quarter’s salary, amounting to seven hundred and. W dollars. By an ordinance of the Select and Common Councils, passed 16th May, 1816, it is enacted, That, in addition to the salary prescribed by ordinance, the annual sum of one thousand dollars, commencing and computing from the 17th day October, 1815, shall hereafter be paid to the'Mayor of the city, to defray the…
1Opinion of the Court
Duncan J.,
delivered the opinion of the Court.
The broad ground taken on the part of the Mayor is, that the city councils cannot legally diminish the salary of the Mayor during his continuance of office. It has been endeavoured to support this position both on the principle of contract, and because it is forbidden by the Constitution. This cannot be considered in the nature of a hiring for a year, because it was not obligatory bn the Mayor to serve out the year. I can see no difference whether the compensation of an officer be by salary or certain prescribed fees; the one would be as much a…
2Cited by9 opinions
- Commonwealth ex rel. Hepburn v. MannSupreme Court of Pennsylvania · 1843
- Locke v. City of CentralSupreme Court of Colorado · 1878
- People ex rel. Murphy v. LippincottIllinois Supreme Court · 1873
- People ex rel. Robertson v. Van GaskinMontana Supreme Court · 1885
- Barker v. City of PittsburghSupreme Court of Pennsylvania · 1846
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