Commonwealth v. Wise

Citations

• 216 Pa. 152
• 65 A. 535
• 1907 Pa. LEXIS 774

Syllabus

<p>Constitutional law — Construction—Conflicting provisions — Sections 1, 2, 7 of article XIV of the constitution — Public officers — County commissioners— Vacancy in office.</p> <p>In construing a constitution, the object is to give effect to the intent of the people adopting it. This is to be ascertained from the instrument itself, and by giving to its words and terms their ordinary and usual signification, unless it appears from the context, or entire instrument, that another meaning was intended. If different portions seem to conflict, the courts must harmonize them, if practicable, and lean in favor of a construction which will render every word operative, rather than one which may make some idle and nugatory.</p> <p>As there is no constitutional or statutory provision for determining which of the three predecessors in the office of county commissioner is the predecessor of a commissioner elect who refuses to qualify, the provision in section 2 of article XIV of the constitution, that a county officer shall continue in office until his successor shall be qualified, cannot apply where one of the county commissioners elected under section 7 of article XIV declines to qualify and accept the office. That provision was manifestly intended to apply to cases where a single individual filled a county office, and where, therefore, it is enforceable and gives an opportunity to continue in office an elective, instead of an appointive official. Where a commissioner elect refuses to qualify a “casual vacancy” occurs which may be filled in the manner provided by section 7 of Article XIV. The Act of April 15, 1834, sec. 16, P. L. 537, has no application to such a situation.</p>