People ex rel. Schmittdiel v. Board of Auditors

Campbell J.:

By the Laws of 1863, p. 332,. the Common Council of Detroit were empowered to appoint a clerk to the Police Court, and to prescribe his salary, which was made payable out of the County Treasury, in the same manner with that of the Police Justice — that is, to be allowed, raised and paid by the Board of Auditors as other county charges. The County Auditors refuse to pay the relator’s salary, (fixed by the Council at $1,000,) on the ground that no one Can fix its amount, under the constitution, but themselves. The clause of the constitution relied on for this interpretation is…