Phillips v. Kantner

Citations

• 39 Pa. Super. 570
• 1909 Pa. Super. LEXIS 534

Syllabus

<p>Public officers — Poor laws — Directors of the poor — Compensation—Acts of April 4, 1831, P. L. 422, April 25, 1850, P. L. 569, March 31, 1876, P. L. 13, and July 2, 1895, P. L. 424 — Traveling expenses — Acts of April 6,1864, P. L. 285, and May 13,1889, P. L. 200.</p> <p>1. “The Directors of the Poor and of the House of Employment for the County of Schuylkill,” created by the Act of April 4,1831, P. L. 422, are not county officers and their compensation is not affected nor changed by the Act of July 2, 1895, P. L. 424, which fixes the salaries of county directors of the poor in counties containing over 150,000 inhabitants.</p> <p>2. Section 17 of the Act of April 25,1850, P. L. 569, which repealed so much of sec. 3 of the act of April 4, 1831, as authorized the directors to appoint a treasurer, did not in any way affect the distinct and separate corporate existence of “The Directors of the Poor and of the House of Employment for the County of Schuylkill,” or change the nature of that office.</p> <p>3. The directors of the poor and of the house of employment for the county of Schuylkill, are entitled each to receive a compensation of $2.00 a day for each day necessarily spent in the performance of the duties of his office, and $20.00 a year to defray the expenses of his necessary attendance upon the duties of his office.</p> <p>4. The Act of May 13, 1889, P. L. 200, does not apply to a poor director compensated as are the poor directors of Schuylkill county under a local law, even though his per diem compensation may in some years amount in the aggregate to $150.</p> <p>5. The right of poor directors to an allowance for traveling expenses cannot rest upon usage or custom.</p>