Berks County v. Linderman

Citations

• 30 Pa. Super. 119
• 1906 Pa. Super. LEXIS 31

Syllabus

<p>Public officers — County commissioners — Compensation—Statutes—Repeal— Acts of March 30, 1869, P. L. 581, and May 7, 1889, P. L. 109.</p> <p>The Act of May 7, 1889, P. L. 109, fixing the compensation of county commissioners within the commonwealth, does not repeal the local Act of March 30, 1869, P. L. 581, relating to Berks county, and fixing the compensation of county commissioners in that county at 1500 per annum. The general act only repeals local laws fixing a rate per diem compensation less than is provided in the act of 1889.</p> <p>Constitutional law — Title of act — Act of May 7, 1889, P. L. 109.</p> <p>The Act of May 7, 1889, P. L. 109, entitled “An Act regulating the compensation of county commissioners within this commonwealth,” sufficiently indicates in its title the purpose of section 3 of the act which reads “all local laws fixing a per diem compensation, less than is provided in this act, be and the same are hereby repealed.”</p> <p>Public officers — County commissioners — Compensation—Statutes—Repeal— Acts of March, 30, 1869, P. L. 581, and May 5, 1897, P. L. 42.</p> <p>While it is true that the Act of May 5, 1897, P. L. 42, repealed so much of the Act of March 30, 1869, as fixed the annual compensation for the commissioners of Berks county, and that the Act of May 7, 1889, P. L. 109, went into full force in that county, commissioners who were elected and went into office prior to the act of May 5,1897, are not entitled to reap the benefit from the repeal of the local act, since the constitution prohibits the increase or diminishing of salaries of public officers after their election or appointment.</p> <p>Public officers — Compensation—County commissioners.</p> <p>County commissioners are not entitled to use the public moneys in paying their expenses in attending a county commissioners’ convention in another city in the State.</p> <p>County auditors — County commissioners — Notice—Res adjudicata.</p> <p>Where county auditors meet, and pass upon