In re Martin

Citations

• 209 Pa. 266
• 58 A. 478
• 1904 Pa. LEXIS 604

Syllabus

<p>Mines and mining—Removal of mine inspector—Act of June 8, 1901, P. L. 535—Appeals—Certiorari.</p> <p>There is nothing in the Act of June 8, 1901, P. L. 535, providing a summary method for removing a mine inspector for negligence or incompetency, to sustain a petition for his removal because of his .ineligibility for the appointment, or want of jurisdiction in the court appointing him, or want of co-operation and confidence of the miners.</p> <p>Ineligibility for the appointment, or want of jurisdiction of the court to appoint, are grounds for ouster on quo warranto, but not for summary deprivation of office on petition under the act.</p> <p>On appeal from an order of the court dismissing such petition the Supreme Court will consider the case as upon certiorari.</p> <p>It seems that under the Act of June 8, 1901, P. L. 535, where a mine inspector appointed by the governor resigns, the judges of the court of common pleas have jurisdiction to fill the vacancy from among applicants possessing the proper qualifications.</p>