Richie v. Philadelphia

Citations

• 225 Pa. 511
• 74 A. 430
• 1909 Pa. LEXIS 692

Syllabus

<p>Public officers — Increase of salary — :Constitutional officers — Legislative officers — Real estate assessors.</p> <p>1. Real estate assessors in counties having a population of 1,000,000 or over are public officers within the meaning of sec. 13, art. Ill, of the constitution of Pennsylvania, which provides that: “No law shall extend the term of any public officer, or increase or diminish his salary or emoluments, after his election or appointment.” Such officers are not entitled to the benefit of the Act of May 31, 1907, P. L. 329, which increases the salaries of real estate assessors in counties having a population of 1,000,000 or over from $2,000 to $3,000.</p> <p>2. An office is a public one within the meaning of the constitution if the holder of it exercises grave public functions and is clothed at the time being with some of the powers of sovereignty.</p> <p>3. The term “public officers” is not restricted merely to officers created by constitutional provisions, but applies to officers who exercise important public duties, have delegated to them some of the functions of government, and whose offices axe for a fixed term and whose powers, duties and emoluments become vested in a successor, when the offices become vacant.</p> <p>4. A consideration of the duties imposed upon real estate assessors leaves no doubt that the relation which they sustain to the maintenance of government is of such consequence that they should be considered public officers. The functions which they perform are of prime importance. Their duties are designated by statute; they serve for a fixed period; act under oath, the duties they perform are semi-judicial in character and their services are indispensable in the fiscal system as established by the state.</p>