Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1886-06-11

0Em00 ~ - OciOCk tDis morning VI Wy |
- euln Of the county officers against the
10y ycommissioners, 70 recover the amounts
; their credits 81 the county treasury when
~ salary law was declared UNCONSTITUTIONAL
rhe three county officers who sued tho CON-
nissIousrs were Register Stoner, clerk OF the
nuarter sessions and Prothonotary Skies.
Under the provisions ofthe law al agreement
Wus siQned by counsel for the officers and |
that the suits should be tried
beforo the court without jury. The first
case called was that Of Register Stoner. He
Wsa represented by II. M. North, George
Nsuasa and :. Hay Brown; The commis
A. Herr Smith, 3. II. Reynolds, John II. Fry
md County Solicitor Shenck.
Tho cnso was opened by MIR. Brown, who
cutiined plaintiffs case Mr.. Stoner was
rallcd TO the witness stand and he testified
That he entered on the duties Of his office ~
register Of willis on the first Monday OF
January, 1855 that he paid into the treasury
=, 16l, ,9S up TO the time the salary act WAS de-
clsred unconstitutional, and there was paid
10 him and his clerks for salaries s2,7SS2,
leaving balance to his scredit Of 81 ,42S.6t
Counsel for plaintiff offered to prove that
Mr.. Stoner was threatened with prosecution
and removal from Office II he neglected to
comply with the provisions OF the salary bill.
The defense objected and the matter was
argued. The court ruled out the question
and plaintiff then rested.
The defense said the question in dispute
was one entirely Of law and they had no tes-
timony 10 offer. They put on the courts
notes the following authorities: Peoples
against the City Of Pittsburg, 5th Outer.
bridge, 30i Hospital against Philadelphia
county, 18th Harris, 90; Taylor against the
Board of Health, 7th Casey, 70; Borough of
Allentown against Serger, sth Harris, 42l
Wharton against the Borough Of Birning-
ham, lst Wright, 81 Lamborn against the
trrr1 vliooi ~
Court Report; Railroad against CoInmis-
sioners, 9Sth us. reports Smiths cases, Sec
Ond volume of leading cases and Good VS..
Herr, 7th Watts and Sergeant
1t was arranged that there should be one
speech on each side.
Mr.. Nauman for the plaintiff said he de-
sired TO make a brief statement before the ar
gument for the defense was opened. He said
this case is to be tried so far as actual results
are concerned rs IL the salary law b. never
been passed. Mr.. Stoner was elected register
under the laws OF the commonwealth. He
made certain payments which were admitted
the county was not entitled TO- 1t cannot be
pretended that If Mr.. Stoner had put this
money into his pocket that the commissioners
could never getit If he had kept the money
"a the Schuylkill county officer did
Il would have required a mandamus
for them to get IT. This money never was
the property OF the county, but was paid in
by reason of the provisions OF the law. He
was required to pay over each month the
money received or subject himself to prosecu-
ton or removal from Office. He could not
have made any arrangement for an aulicable
test, with commissioners, tor under the law
any citizen of the county would have pro-
ceeded against the register for not complying
with the provisions Of the salary act.
MIR. Eshleman, for the commissioners, stated
that under no circumstances WAS the money
In dispute the property of Mr. Stoner. 1t
was not admitted that the money Vas his nor
law of the land belonged to the county, and
1t was the duty OF the commissioners to see
that Ii remained in the treasury The plain
tiff was elected register and knew when he
entered upon the duties of his office that
he was only entitled to the compensa-
ton prescribed by the salary act. He
performed his duties under that act
paid the moneys he received in his
office monthly to the county treasurer, where
1t properly belonged. He drew his salary
under that act, ana he now seeks to recover
back money paid in accordance with the
law, with his understanding OF the law, paid
voluntarily. The fact that the law was de-
clared unconstitutional does not allow
him to recover for what he had Al
ready paid in. From the time that
the law was declared unconstitutional
this officer then fell back on the old fee sys
TEN. If 1t WAS voluntary payment on the
part of the register, it cannot be recovered
back, Payments of taxes and assessment,
but the simple fact that he might he prosecu
ted cannot DO construed into duress. If tn,
register would have withheld the money re
ceived in his Office and compelled the com
mssioners to sue for II he might have tiet
the money up and probably would not hav
had to pay IL over.
Mr. North said there was no case on tn
books similar to the one now before the court
In this case Mr.. Stoner received no consider
alton for the money he paid into the treasur,
w " ha ha,-.
Equity and good conscience require that h,
should have it. The defense clam that ther,
was no coercion as to payment, aud say tha
while they never had n claim to the money
still they will keep it. The plaintiff never
Intended that the money he paid in was
gift to the commissioners. He parted with il
because he was public officer, because tn,
law imposed that duty on him and failure on
his part exposed him to certain penalties
among which were prosecutions and loss o
his othce 1t was not necessary that tht
commissioners should say to him tina
they. would enforce the provisions of the
salary act The law was a standing men
ace to this plaintiff. The commissioners fur
pished the necessary blanks to him &
make monthly returns, and that alone hac
The effect ofa threat ON him. Mr.. North
cited number of cases in support OF his po
sition among which were Morris against
Farren, LIST Dallas, l47 Colwell againt Pee.
ten, Sd Watts, 321 ; 9th Sergeant a Rawle,
n
ris, 1888. ~ the conclusion of Mr.. Norths
argument, MIR. Smith made a short argu.
ment
1t was agreed not to argue the suits of the
prothonotary and clerks to-day, counsel pre-
ferring to wait for the decision OF the court on
the case argued.
Court adjourned to $50 o'clock when the
injunction case Of Given against Grier will
be argued.
CURRENT BUSINESS.
The court made an order for the opening of
Filbert street from Fremont to Poplar, and
North Franklin street, from East King street
to the New Holland turnpike
The court made the decree asked for as to
the lines OF the property OF the U. b. church
al Mountville, between their property an d
that of John Fridy's heirs.
winfield ). Geiter was granted a soldiers
license TO peddle goods in the county.
Tho Ditmars Case
Walter NJ. Franklin, who filed exceptions
TO the account ofthe executor of the will
OF Gen. A. ID. Ditmars went before
the court to-day, and asked leave to with
draw the exceptions and state that the ac-
count should be- absolutely confirmed.
Ihe hnal disposition of the case in the
United States district court, yesterday, has
been the general topic of conversation to-day.
IL Is understood that the trial of the case
was mere formaliry, and that it was agreed
the Will was TO be set aside.
More Sour kraut at the Prison
In the thirty.fiith annual report OF the prison
insPeetors ! lind the following, page 10:
u. Brackbiil 30gallons sour kraut. ........x so
y. Doer 80 gallons sour kraut..............sI Is
.. ~ LeieVer a. gallons sour kraut.........s SO
AOtdl Observation-Disclosures, slb az