Commonwealth v. Sheatz

Citations

• 228 Pa. 301
• 77 A. 547
• 1910 Pa. LEXIS 481

Syllabus

<p>Public officers — State treasurer — Death of treasurer elect — Holding over —Vacancy—Constitutional law — Act of May 9, 1874, P- L-</p> <p>1. The state treasurer is a constitutional officer whose term is limited by the constitution to two years, and such term cannot be extended by an act of assembly.</p> <p>2. The Act of May 9, 1874, P. L. 126, which provides that “the term of office of the state treasurer shall hereafter commence on the first Monday of May next succeeding his election, and shall continue for two years, or until his successor shall be duly qualified,” is an unconstitutional exercise of the legislative power in so far as it attempts to extend the term of the office beyond the period of two years.</p> <p>3. The death of the treasurer elect before he qualifies creates a vacancy in the office at the end of the incumbent’s term on the first Monday of May, and the incumbent is therefore not entitled to hold over until a successor be elected and qualified to fill the office. In such a case the governor has the right to appoint and commission another person to fill the vacancy at the end of the incumbent’s term.</p>