Bowen v. City of Portland
Supreme Judicial Court of Maine
On report on agreed statement. An action of assumpsit to recover of defendant amount alleged to be due plaintiff as salary as chief of police of Portland which accrued from June 30, 1919 to date of writ, the salary being two thousand dollars per annum. Plea, the general issue. Defendant made a legal tender of amount due plaintiff as salary accruing between June 30, 1919 and July 3, 1919, which was refused.
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On report on agreed statement. An action of assumpsit to recover of defendant amount alleged to be due plaintiff as salary as chief of police of Portland which accrued from June 30, 1919 to date of writ, the salary being two thousand dollars per annum. Plea, the general issue. Defendant made a legal tender of amount due plaintiff as salary accruing between June 30, 1919 and July 3, 1919, which was refused. The sole issue between the parties was as to whether the tenure of the office continued for five years from date of appointment, or to the expiration of the five-year period or interval,…
1Opinion of the CourtDunn, J.
For twenty-four years up to 1909, the marshal or head of police in Portland was appointed by that city’s mayor, and held office at the latter’s will. In 1909, by Chapter 370 of the Private and Special Laws, operative July 3rd, the Legislature enacted:
“The chief of police shall be appointed by the mayor and shall hold office for the term of five years.....The present chief of police shall be eligible to appointment under the provisions of this section, and if appointed his term shall begin from the time this act takes effect. Vacancies in said office shall be filled from the unexpired term.”
In…
2Cited by6 opinions
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