Scranton v. Lackawanna County

Citations

• 214 Pa. 509
• 63 A. 968
• 1906 Pa. LEXIS 690

Syllabus

<p>Public officers — County auditors — County controller — Compensation of county treasurer.</p> <p>The duties and powers of county auditors and county controllers are substantially the same, and where a controller is substituted for county auditors, he performs the duties of the latter under section 41 of the Act of April 15, 1834, P. L. 537, which requires county auditors to approve the compensation of the county treasurer as fixed by the county commissioners.</p> <p>Under the Act of April 15, 1834, P. L. 537, sec. 41, which provides that the county treasurer shall receive as his compensation “a certain amount per cent on all moneys received and paid by him which rate shall be settled from time to time by the county commissioners with the approbation of the county auditors,” a fixing of the compensation each year is a judicious exercise of the power conferred by the act.</p> <p>Where the county commissioners and the county controller in joint session resolve that “the county treasurer be allowed the same commissions for the ensuing year as that allowed the past year,” the compensation so fixed cannot be extended beyond the year named without additional action by the county commissioners and the county controller. If the commissioners and controller fail or neglect to fix a rate of compensation after the expiration of the year, the county treasurer has his remedy under the Act of April 16, 1875, P. L. 54, by appeal to the common pleas, and this remedy is exclusive.</p>