Commonwealth v. Wertz

Citations

• 251 Pa. 241
• 96 A. 511
• 1915 Pa. LEXIS 663

Syllabus

<p>Municipalities — Counties — Courthouses — Alteration and improvement — Discretion of county commissioners — Advertisement for bids by controller — Refusal—Mandamus.</p> <p>Where under the Acts of April 15, 1834, P. L. 537, and April 19, 1895, P. L. 38, two or more successive grand juries have recommended and approved alterations and additions to a county courthouse and the reports of such grand juries have been approved by the Court of Quarter Sessions and the plans and specifications for the proposed improvements submitted by the county commissioners to the judges of said court, have been approved by them, it is the duty of the county controller to advertise for bids for the work; he has no discretion to refuse to perform this duty on the ground that he does not approve the extent of the proposed changes, and in the absence of fraud, bad faith or of a disregard of pfiblic duty in connection with carrying out the improvements to the proper officials, he may be compelled by mandamus to perform this duty.</p>