Mansel v. Nicely

Citations

• 175 Pa. 367
• 34 A. 793
• 1896 Pa. LEXIS 1259

Syllabus

<p>Public officers— County commissioners — Compensation.</p> <p>It is the duty of county commissioners to keep their office open and to be in attendance whenever it is necessary, and the necessity is not to be determined alone by the hours of actual labor or the amount of work done.</p> <p>The convenience of the public who have business with the office is to be considered, and the commissioners should be in attendance whenever their presence is required by the reasonable demands of public business. The duties of the commissioners cannot be delegated to their clerk.</p> <p>The conduct and discretion of county commissioners as to attendance at their office are subject to review on an appeal from the audit of their accounts, and where there is any evidence of an abuse for the purpose of unfairly increasing the emoluments of their office, the question is for the jury; but to carry the question to the jury there must be some basis for a finding more substantial than a mere conjecture whether as public officers they could have done their work in a less number of days.</p> <p>On an appeal from the audit of the accounts of a county commissioner it appeared that he was in actual attendance at his office on each day for which a charge had been allowed; that there was a meeting of the board which he attended each day; that on all but nine days business requiring the action of the board was transacted; that the work of the commissioners for the year had been largely increased by disastrous floods; and that the account of the appellee verified by his oath had been submitted to the county auditors, and by them audited, adjusted and settled. There was no evidence to show that the commissioners’ attendance for any day for which a recovery was had was not necessary. Held, that there was no case for the jury.</p> <p>County commissioners — Emoluments—Acts of May 7,1889, and May 13, 1889.</p> <p>The act of May 7, 1889, P. L. 109, fixes the compensation of county commissioners at $3.50