Commonwealth, ex rel. Hughes v. Gritman

Citations

• 255 Pa. 277
• 99 A. 874
• 1916 Pa. LEXIS 556

Syllabus

<p>Public officers — Tax collectors — School districts — City treasurer —Citieh of the third class — Acts of June 27, 1918, Art. VIII, Sec. 1, P. L. 568, and May 18,1911, P, L. 809.</p> <p>1. The collection of school taxes in a city of the third class is a right or duty incident to the office of city treasurer regardless of the method by which the treasurer is chosen.</p> <p>2. The board of directors of a school district of the third class whose boundaries coincided with those of a city of the third class, refused to approve the bond of the city treasurer as collector of school taxes and appointed a separate tax collector for the district. The treasurer petitioned for a writ of mandamus to compel the directors to approve his bond. The directors averred that as petitioner had been elected by the city councils under the provisions of the Act of June 27, 1913, Article VIII, Sec. 1, P. L. 568, 601, relating to the incorporation of cities of the third class, he had in point of law been appointed, and had not been elected within the meaning of Section 547, of the School Code of May 18, 1911, P. L. 309, 342, providing that the board of directors of a school district of the second, third or fourth class, where the tax collector is not elected, shall appoint tax collectors for said district. Meld, the lower court properly decided that petitioner had been elected within the meaning of the school code and that he was the tax collector of said district and awarded the relief prayed for.</p>