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· 4/17/1916

Commonwealth ex rel. Walter v. Young

Citations

  • 253 Pa. 356
  • 98 A. 606
  • 1916 Pa. LEXIS 842

Syllabus

<p>Counties — County controller — Act of March 27,1918, P. L. 10— Constitution of Pennsylvania, Amendment No. 9.</p> <p>The Act of March 27, 1913, P. L. 10, establishing the office of county controller in counties haying a population of 100,000 or oyer and fixing a two year term of office for the first controller to be elected, is not unconstitutional as haying a title which fails to disclose the subject-matter of the act, but violates Amendment No. 9 of the Constitution providing that county officers shall hold their offices for the term of four years, beginning the first Monday of January next after their election. Where, therefore, a county controller has been elected under the act, the Constitution fixes the term of his office at four years, and he cannot be ousted at the expiration of the first two years of his term in quo warranto proceedings, at the relation of a party claiming title to the office under the void provision of the act.</p>

Judges: Brown, Frazer, Moschzisker, Stewart, Walling

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