MURPHY v. CITY OF PIEDMONT (1937)

In denying the petition for hearing in this court we withhold our approval from that part of the opinion of the appellate court which, in effect, suggests the law to be that in the absence of the 1929 amendment to the charter (St. 1929, p. 2046, § 37–a) or a municipal ordinance on the subject, the general state law would nevertheless not be applicable to firemen employed by the city of Piedmont. Section 40 of the charter expressly provided as follows: ‘All general laws of the state applicable to municipal corporations, now or hereafter enacted, and which are not in conflict with the provisions of this charter or with ordinances hereafter enacted, shall be applicable to the City.’ Stats. 1923, p. 1578.

We are of the view that the charter amendment of 1929 and the ordinance enacted pursuant thereto govern the instant case and sustain the judgment of reversal.

The petition is denied.

PER CURIAM.