Commonwealth v. Raudenbush

Citations

• 249 Pa. 86
• 94 A. 555
• 1915 Pa. LEXIS 680

Syllabus

<p>Municipalities—Boroughs—Gouncilmen — Disqualification from voting—Dual office holding—Act of March 81, 1860, P. L. 882.</p> <p>1. As no member of a governing body may vote on any question involving his own character or conduct, his right as a member, or his pecuniary interest, if that be immediate, particular, and distinct from the public interest, a member of a borough council is disqualified from voting for a resolution accepting his resignation from the council.</p> <p>2. In quo warranto proceedings to determine defendant’s right to occupy the office of water superintendent of a borough, it appeared that the defendant had been a member of the borough council, that he had resigned and voted for the-resolution accepting his resignation, that immediately thereafter, he had been elected water superintendent. Held, that defendant could not vote for the acceptance of his own resignation, which therefore never became effective, that he was a member de jure of the council and was therefore prohibited by the Act of March 31, 1860, P. L. 382, from holding any borough office.</p>