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· 5/18/1897

Edwards v. County of Allegheny

Citations

  • 181 Pa. 216
  • 37 A. 337
  • 1897 Pa. LEXIS 530

Syllabus

<p>Public officers — District attorney of Allegheny county — Acts of February 6, 1867, April 6, 1871, and June 16, 1891 — Compensation.</p> <p>The assistant district attorney of Allegheny county, whose duties are defined by the special Act of February 6, 1867, P. L. 140, whose salary is fixed at fifteen hundred dollars by the special Act of April 6, 1871, P. L. 476, and who is independent of the district attorney, is not a first assistant district attorney within the scope and meaning of the Act of June 16, 1891, P. L. 314, entitled as such to a salary of four thousand dollars a year.</p> <p>The legislature in fixing the salary of a first assistant district attorney had in view an officer who was an assistant of and subject to the district attorney in the performance of the duties of his office, and not an officer who was independent of the district attorney, and whose duties were defined by a special act. Per McCollum, J.</p> <p>■ It seems that the assistant district attorney of Allegheny county is not entitled to fees, but to the salary of $1,500 a year fixed by the act of 1871</p>

Judges: Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams

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