Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-12-10
BOTH SIDES AGREED
That County officers Should Have
Additional Salaries.
no DOUBT CONCERNING THE END.
long List of Suits Disposed of in the
Criminal Branch.
VARIOUS MATTERS HANDLED IN COURT

Proceedings were commenced in Common
Pleas No. yesterday to obtain for the ma
ioritv Of the county officers fer their present
terms Of office the salaries provided for un-
der the act of 1888, or the same as paid In
Philadelphia. 4 stated case was submitted
bv Attorneys Lyon, Sanderson and Mckee
for the officers and County Solicitor Gever
for the county 10 obtain the opinion of the
Court
The question Of salary was created by the
census Of 1890. Allegheny county was then
working under the act Of 1881 which fixed
schedule Of salaries for officers Of counties
having population of more than 100000
and less than 500, 600. The act Of 1883
applying to Philadelphia, referred to coun-
ties having a population of more than 5OO,-
O00. The census Of 1890 showed that Allie
gheny county had d population Of 55l 600
and it was claimed, in consequence, that the
act Of 1885 applied TO those officers who were
elected and went into Office alter the census.
The Constitution prevents the salary of an
officer being changed during his term. hence
il would not affect those already iii Office.
Don't Come in Under the Act.
For the same reason the act of 1891,
passed at the last session of the Legislature
fixing salaries of Allegheny county officials,
could not apply to those who went into
office on the first Of January, 1891, and
claim their salaries under the act Of 1888.
There are ten officers who were elected or
reelected and whose terms began the first
Monday of last January, and who are there
fore affected bv the question. The officers
and the salaries they claim under the act of
1888, arc: Sheriff McCiearv, Sl5. .000: Treas
urer Bell, Prothonotary Bradley, Recorder
Won Bonnhurst. $4,000 each: County Com
InissioncrS $1,000 each; Controller Grier,
1900: Clerk Of CoartS NcGunnegle and
Register Conner $1,000 each. The old
salaries were: Sheriff, Prothonotarv and
Recorder. $4,000 each; Treasurer, 5000;
Register and Clerk of Courts, $500:
Controller, $4,000; Commissioners, $500
each.
When the ocfiiers claimed the increased
salaries Controller Grier refused to pay
them. As he was one Of those affected, he
desired the court to decide the matter and
would not take the responsibility on him
self though the County Solicitor gave his
opinion that the act OF 1888 was the one
under which the officers should be paid.
Nothing has been done in the matter until
time drawing their money 'on account. "
The attorneys decided to make a test case
with that Of Treasurer Bell, and it was pre-
sented to Judge Stowe yesterday.
Should Receive the Increase.
The suit is an action in assum7sit, brought
by john y. Bell. County Treasurer, against
Allegheny county, to recover $500 for
his salary fer the first three quar-
ters Of the wear 1891. In presenting
the case. Attorneys Mckee and Sander
son reviewed the different salary acts
OF 1876, 1881 and 1888 when touch on the
matter and asserted that the officers in ques-
ton should be paid the salaries provided for
in the act Of 1888. County Solicitor Gever |
said he would not combat position which |
his judgment told him was right. The act |
of 1888 applied to the officers elected after
the census OF 1890 was taken. The Consti-
tuition provides that when the population
increases the act Of Assembly opens up 10
take them in. The officers were entitled to
the salaries as much as those of Philadel- |
phia, and whatever they are they should be |
paid.
Jadge Stowe concurred in the point that !
the act Of 1891 did not apply in these cases
as 1t was passed since these officers took
their positions. He directed the counsel to
prepare briefs and submit them to him The
salaries the Court decides the officers should
receive Will be for the whole of their pres
ent terms. Their successors will be paid
under the act Of 1891. which has made
slight advance over the old salaries.