The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-07-13
THpRAuD1ToRs, CASE.
Text OF the Decision on the1Controller's
Act

Act.
The principal topic of discussion last
evening was the decision of Judge
Mitchell, of the Supreme Court, in passing
upon the constitutionality of the act
creating the Controllership Of Schuylkill
| county. The friends Of the County Audi
| tors were iubilant, while a large number
of people expressed regret that the Office
| of Controller had been practically de-
! clared nonenity as they felt that the
| Office had been of great benefit in the
| affairs of the county
The suit in which the decision was rem
| dered grew out of a refusal on the part
! OF the County Commissioners of Schuyl-
! kill county to turn over the books OF the
| county to the County Auditors-Messrs.
! Thomas II. Samuels, Emanuel Jenkyn
and John r.. DOyle-who made a demand
| for the books for the purpose of auditing
them. Phil. j. COnuell, chief clerk OF
the County Commissioners, was arrested
| for refusing to deliver the books to the
| Auditors, and upon Mr. Connells petition
to the Attorney General quo warranto
| proceedings were begun to oust the
| County Auditors. The case was argued
before Judge Weidman in March ana on
| April 9Th he handed down an opinion
ousting the Auditors. Mr.. Wilhelm APP
| pealcd che case to the supreme Court, and
| upon petition presented by him the case
u p
having been heard in May, Elk Attorney
! General Palmer, OF Wilkes Barre, ap-
pearing with Mr.. Wilhelm before the
| Supreme Court. on behalf of the Audi
tors of Luzerue county.
The text of Judge Mitchells opinion is
| as follows:
"The act of Junes, 1898, p. l.. 1893, while
! IT. does not ln express terms abolish the
Office of County Auditor in counties having
more than 100000 inhabitants, does so in
effect by transferring their duties and
! powers to County Controller This is
| tho manifest intent of the act as gather
from all its provisions, and as especially
Indicated in Section one, which directs the
election OF a Controller in place of County
Auditors, and Section fifteen which ex-
pressly directs how the duties heretofore
devolved on the County Auditors shall
thereafter he performed. Such, moreover,
even without an express legislation in
tent, would be the result of the act The
powers, authority and jurisdiction of an
Office are the essence of the Office itself
and are inseuarahle from it. 10 take
them away totally is to destroy the office.
Com. VS.. Gamble, 63 Pa. 343. Reed VS..
Smoulter, 12S, Pa. 324
The title OF the act under consideration
is an act creating the Office of County
Controller in counties of this Common
wealth containing 10000 inhabitants and
over, and prescribing his duties. In this
effect of the act to abolish the Office OF
County Auditor. So far as appears in the
title the act is merely cumulative in pro-
vlding an additional county officer.
1T 10 true that the constitution in enum-
Grating county officers, Act 16, Section l,
puts the two officers together in the dis
junctive, Auditors or Controllers, and that
those who are familiar with the duties of
Controllers as existing in Philadelphia
and Allegheny would know that tney are
mainly the same as those of Auditors in
p other counties and, therefore, the creation
of the Office of Controller was likely to
interfere with IL not to obolish the other.
But this is not the notice which the con-
gtitution requires the title of the act to
give of its subject. The object of that re
quirement is that Legislators and Others
, interested shall receive direct notice in
immediate connection with the act itself
of its subject, 50 that they may know OF
or be put upon Inquiry as to its provisions
and their effect. Suggestions or inter
ierenCes which may be drawn from knowl-
edge which debars the language used
are not enough. The constitution requires
u that the notice shall be continued in the
title itself In Te-rOad in PhoeniNville,
lO9 Pa. "A Ridge Avenue r. w. Co. vs.,
/ Philadelphia l24 Pa. 2l9; Philadelphia vs..
Ridge Avenue River Co. 142 Pa. 4S4
"This defect in the title is decisive of the
{ mcOnstitutiOnhlityO of the entire act. 1t
s IL not necessary TO discuss the other Objec-
lions raised TO it.. Judgment reversed ~
Mr.. Severn was seen by a reporter this
morning before going down to PoJtsville.
When asked as TO the probable procedure
i'm his behalf in view of the decision he
2 said he would wait until he received
official notice of the result and then, he
( presumed, there would be nothing left
for him to do but to step out of the office.
County Auditor John E. Doyle was at
. the Lehigh Valley depot this morning,
standing within a stylish light suit and
I under high silk hat. His face was rad
lent with smiles and a pink rose in the
lapel of his coat Wed with the high hat
in attracting attention. Mr. Doyle said
b ne was going down to Pottsville to meet
his fellow-Auditors and see William Will
S helm, Esq, his counsel, and that the Au-
ments TO commence auditing the county
4 accounts of 1898 on Monday next.