Legal Opinion · Dissent

Kellogg v. Story County

Supreme Court of Iowa

Decided December 11, 1934No. 42421Published

1Dissent

Kiñtzinger, J.

(dissenting) — The question for consideration is whether or not the board had the power to reduce the salary of the superintendent after once fixing it at $2,100 per year, in January, 1931.

In the absence of any prohibition or restrictions by the Constitution or statutes of the state, the compensation of a municipal officer may be changed by the proper authorities, and such change may apply to officers then serving as well as those thereafter elected. 48 C. J. 699, section 1163; Iowa City v. Foster, 10 Iowa 189.

When, however, restrictions against changing the salaries exist,…

2Cases cited26 opinions

  1. BUTLER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1851
  2. Mial v. Ellington.Supreme Court of North Carolina · 1903
  3. District Township of Dubuque v. City of DubuqueSupreme Court of Iowa · 1858
  4. County of Douglas v. TimmeNebraska Supreme Court · 1891
  5. County of Yuma v. SturgesArizona Supreme Court · 1914

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