Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-12-19
GRlER TAKES A HAND.
The Controllers Answer to the At
tempted Salary Grab.
NICE POINTS OF LAW ARE RAISED.
The Census of 1890 Not Yet Properly Pro-
mulgated by Law.
A SLAP AT THE COUNTY SOLICITOR

Attorney James Fitzsimmons, acting for
Controller Grier, yesterday filed an inter-
vening brief in the cases of the county Off
GERS against the county, brought TO secure
their salaries under the act of 1888. The
brief was prefaced with the following state
ment to the Court by Controller Grier:
When the County Controller discovered
that the only defense the County Solicitor
made to the claim of j. A. Bell, No. Is March
term, 1892, for salary. under the salary act
of 1888 was as follows: "Demurrer-And
now, to-wit the 9th. day of December 1881,
comes the county of Allegheny, defendants,
by its solicitors, S. ii. Geyer, and says the
plaintiffs declaration or statement is not
sufficient in Law, s. H. Geyer, solicitor Tor
defendant" he considered it his duty under
his oath of office and the powers attached
thereto to take action.
The powers of the Controller are next
recited, giving hima general supervision
and control of the fiscal affairs of the county
and of the accounts and official acts OF all
officers or other persons who shall collect,
receive or distribute the public moneys of
the county, or who shall be charged with
the management or custody thereof, and he
may at any time require from any OF them
in writing an account" etc.
Under this, the Controller saws, he felt it
his duty TO file the briet, which is in sub
stance as follows:
A Claim of Unconstitutionality.
The Act of Assembly approved March ST.
1870, 7. L page Is, is general act applying
toall the counties OF the State of Pennsyl-
vania, so far as salaries are concerned, into
three classes. Section l2 relates to counties
or cities co-extensive with counties contain
ing over 800 600 inhabitants. The 18th Sec
off +1oaS nor plaf faS n
of county officers in counties which shall
have less than 100000 Inhabitants each,
and more than 250000. And section IA
relates to the salaries of all county officers
which shall have less than 250,OO1 ana over
1900 inhabitants.
The contest in the case relates to the Act
Of Assembly of June IL, 1888, L. L. III, ana
provides for the salaries of county officers
in counties containing over 100000 1nhahl-
tants. This act is entitled "An act to fix
the salaries to be paid county officers i'll
counties containing over 5O0,OJO inhabitants,
being supplement to an act approved the
Slst OF March, A. D., lS7G, entitled An act to
carry into effect section OF article II OF
the Constitution relative to the salaries OF
county officers and the payment of fees re-
ceived by them into the state or county
treasury in counties containing over 10000
Inhabitants"
We submit to the Court that this act is un-
constitutional and void, because it offends
against article 3 section 8 of the Constitu-
tion, which provides that mo bill except
general appropriation bills shall be passed
containing more than one subject which
shall be clearly expressed in its title"
The Court will observe that the act of 1888
is designed to work a change in the amount
OF salaries to be paid county officers in coun-
.Ies containing over 100000 Inhabitants, as
provided in section la of the act of 1876 I'm
der the first section of the act of 1888 the
Court will observe that there is no reference
whatever to the fact that the population, to
wit. 800 600 inha bitants in section i of the
act of ls76, was changed to 500 .09O inhabitants
under the act of 1855. section i, nor is there
,%l,., -, .1,o+
section - of the act of March 81, 1876. was re-
pealed, as provided for in the second Sec
tion of the act of 1873 Therefore, under the
third section OF article of the Constitution
there was no notice contained in the title of
the act of 1883 that the twelfth section of the
act of 1876 was to be repealed.
In an Anomalous Condition.
While this position would, therefore be |
against taxpayer, yet that objection does |
not amount to much when we are constru- |
ing the acts or passing upon the constitu-
tlonaiity of legislation. Therefore under
the second section of the act OF 1883 the
Legislature has attempted to repeal the
twelfth section of the act OF 1876 without any |
notice whatever in the title of the intent of
the Legislature. If this position is correct
then the salary question as to counties con-
tanning over 100000 inhabitants is in an |
anomalous condition. If the second section |
of the act of 1888 is of no validity, then we
have the schedule of salaries as provided
for in section y Of the act of 1876 and the |
schedule as provided in section l of the act
of 1888 standing together, and no officer
would know under which act of assembly he |
is entitled to receive his salary.
There is no notice in the title of the act of
1eS3 that the higher class of counties shall be |
changed from 100000 inhabitants to $40. .000 |
and this offends against section 3, article 8 |
Of the Constitution, which provides that mo |
act shall be revised, amended or t. e pro-
visions thereof extended or conferred by |
reference to its title only, but so much |
thereof as is revised, amended or conferred |
shall be re-enacted and published at
length
Section of the act of 1888 does not eyen |
attempt to follow this constitutional pro-
vision. The first section of the act of 1883 re-
feTs to the act OF 1876 by its title merely and |
then proceeds to fix the amount Of the popu-
lation in a county to which the schedule of |
salaries in the first section of said act would |
apply, and there is no pretension that the |
schedule of salaries in the twelfth section of
the act of 1876 shall be re-enacted and pub |
lfshed at length; and the vice of this legisla- |
tive attempt will be clearly seen when we |
refer to the second section of the act OF 1888 |
wherein the Legislature, without any notice |
whatever in the title of the act repeals the |
twelfth section of the act of March 81, 1876 |
The Court will observe that the act OF 1888 |
is intended to repeal the twelfth section of
the act of 1876 Therefore the first and Sec
ond sections of the act of 1883 are dependant
upon each other. If you strike down one |
the other falls.
The Census Not Promulgated by Law.
Another position could be taken in this |
case, and we think the same is fatal to the |
plaintiffs case. The county of Allegheny, |
in the census of 1880 contained $50 500 inhabi- |
tants We submit that the census of 1880 Is |
che only official census promulgated so far |
as the county of Allegheny is concerned. |
Whatever think of the population |
of the county of Allegheny under the cen |
sus OF lS90, yet we submit that the decen- |
nial census of 1890 has not been promulgated |
by law as to govern Us in the fixing of the |
salaries for the county officers.
The statement of the plaintiff is not |
sufficient for the Court to decide the ques- |
uOn as to what the population of the county |
OF Allegheny at the present is, and the |
county of Allegheny is now in the same |
classification of counties as to population as |
under the census of 1880. The salaries taken |
by the officers of the county of Allegheny |
since the decennial census of 1880 was under /
the provisions of the act of May ii, 1891 p. |
l. u We think that the case of In lze,.Iae L