Welsch v. Wilson

Duckworth, Chief Justice,

dissenting. The resolution adopted by the city council evidences an intention to act under the authority of the charter provision (Ga. L. 1959, pp. 2111, 2149) which empowers the council to expand the duties of the mayor. But it also manifests a misconstruction of that charter provision. The charter simply authorizes the imposition of additional duties on the office of mayor, all of which are fully compensated for by the salary specified in the charter. This resolution utterly fails to expand in any degree the duties enumerated in the charter of the office of mayor. Instead it plainly and indisputably placed the duties therein upon the individual, “Honorable Sam J. Welsch,” and provides payment to him therefor in the sum of $7,400.00. That this is the only true meaning of the resolution is demonstrated beyond reasonable doubt by the fact that should Sam J. Welsch leave the mayor’s office today, his successor would not be required or authorized to perform any of the duties referred to in the resolution or to receive any part of the $7,400 compensation. In the face of these plain facts the resolution should not be distorted by a construction *586that refuses to deny, explain or answer this plain meaning of the resolution.

The charter (Ga. L. 1959, pp. 2111, 2150) confers ample authority upon the council to procure the duties specified in the resolution and to pay therefor, and these duties are not included in or in conflict with the duties of the mayor as prescribed by the charter. The petition is subject to the demurrer, and the judgment of the lower court should be reversed. I therefore dissent and I am authorized by Mr. Justice Candler to- say that he fully concurs in this dissent.