Diedrich v. Warren

Headnote

Municipal corporations — Tonawanda (city of) — officers — authority of aldermen to increase their own salaries.

Matter of Diedrich v. Warren, 213 App. Div. 406 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 8, 1925, which affirmed an order of Special Term granting a motion for a peremptory order of mandamus to compel the defendant to sign and deliver salary warrants in favor of the petitioners, as aldermen of the city of Tonawanda, at a rate fixed by a resolution of the board of aldermen passed over the mayor’s veto. Defendant contended that the increase was illegal for the reason that a member of the common council cannot vote for an increase in his own salary to take effect during his term of office. The petitioners argued that the resolution was authorized by section 3 of title 6 of the charter (L. 1920, ch. 350) which reads as follows: “ It [the common council] shall have the power to fix or change the salary of all officers of the city including such as are fixed by this act which shall not be diminished during the continuance of such term of office.”