Commonwealth v. Moffitt

Citations

• 238 Pa. 255
• 86 A. 75
• 1913 Pa. LEXIS 953

Syllabus

<p>Constitutional law — Public officer — Increase of salary during term — A ds of April 6, 1880, P. L. 256, and June 15, 1911, P. L. 986 — Section 18, Article III, of the Constitution.</p> <p>1. Whether an officer is a “public officer” within the intendment of the constitutional prohibition depends upon the manner of his selection, the duties imposed and the powers conferred upon him. If he is chosen by the electorate for a definite and certain tenure in the manner provided by law to an office whose duties affect and are to be exercised for the benefit of the public for a stipulated compensation paid out of the public treasury, the incumbent is a public officer within the meaning of the constitutional provision.</p> <p>2. A poor director in Washington County elected under the provisions of the special Act of April 6, 1830, P. L. 256, is a public officer within the meaning of Section 13, Article III, of the Constitution, and is thereby deprived of the right to receive an increase of salary under the Act of June 15, 1911, P. L. 986.</p>