Robbins v. Wilkes-Barre

Citations

• 37 Pa. Super. 382
• 1908 Pa. Super. LEXIS 293

Syllabus

<p>Public officers — Compensation—Fees—Statute—Ordinance—Acts of April 5, 1867, P. L. 841, May 4, 1871, P. L. 539, and May 23, 1874, P. L. 230.</p> <p>When a public officer claims a salary, fees, or compensation for services rendered to the public, he must show a statute, or a municipal ordinance authorized by statute, giving compensation. If he cannot do this he cannot recover.</p> <p>The provisions of the Act of April 5, 1867, P. L. 841, fixing the compensation of auditors of the old borough of Wilkes-Barre, at “two and one-half dollars, for each day’s actual service,” were not extended by the Act of May 4,1871, P. L. 539, entitled: “An Act incorporating the city of Wilkes-Barre ” to the auditors of the city.</p> <p>Where a statute provides that auditors shall be compensated at “two and one-half dollars, for each day’s actual service,” an auditor has no claim against the municipality, if it appears that he rendered no actual service, being prevented from so doing by the action of the municipal officers in refusing to submit to them their books. In such a case it is the auditor’s duty to compel the officials by mandamus to submit to him their books.</p> <p>Public officers — Municipalities—Constitutional officers — Change of duties — Abolition of officers.</p> <p>The offices of a municipality are not public offices under the protection of the constitution. Such office exists by the will of the legislature only, and may be changed, its duties transferred to some other department of the municipality, or entirely abolished at any time, and the incumbent has no standing to complain.</p> <p>Where a municipality becomes a city of the third class by operation of the Acts of May 23,1874, P. L. 230, and May 23,1889, P. L. 277, and the term of one of the auditors, as extended by sec. 57 of the Act of May 23, 1874, P. L. 230, expires, the office is at once abolished, and as the special Act of May 4, 1871, P. L. 539, relating to such city expressly provides that the auditing sh