Freeland tribune. (Freeland, Pa.) 1888-1921, 1895-12-16
CONTROLLER LLOYD OUT.
JUDGE LYNCH DECIDES THAT THE
ACT is UNCONSTITUTIONAL.
President Judge Woodward Concurs In
the Opinion Rendered-County Auditors
to Serve Until Their Terms Expire-An
Appeal Taken to the Supreme Court.

tho oPlnion lhtudeTeu-Couuty huuitOTs
to Serve Until Their Terms Expire-An
Appeal Taken to the Supreme Court.
Judge Lynch on Friday handed down
an opinion in the controller case, in
which he declares the act unconstitu-
tional as applied to the present case and
refuses the injunction asked for by Con-
troller Lloyd to restrain the county COM
missioners from preventing him taking
Office. His Honor quotes Justice Mitchell
on the construction of the act, and, con-
tinuing, says: 1.-The county auditors
now in office were elected in 1893 and
went into .of1ice on the first Monday OF
January, 1894. Their term of Office will
not regularly expire until the first Mon
day OF January, 1897. 1t is thus seen
that the act of 1895 abolishes the Office
of county auditor during term of the
officers, Gusts them from Office and takes
from them the salary fixed by law If
the legislature is invested with the au-
thority claimed for it in this particular,
and the act been passed directly after
the election and commission of the audi
tors, they could, arbitrarily, and without
fault or charge preferred, have been
removed from office, the office by name
abolished and another person not elected
by the people installed in practically the
same Office by the governor.
"The first section of article fourteen
of the constitution ordains that county
officers shall consist of sheriffs, auditors
or controllers, and such others as may,
from time to time, be established by
law Again, section two of article four
teen provides that county officers shall
be elected at the general elections and
shall hold their offices for the term OF
three years, beginning on the first Mon
day of January next after their election
and the seventh section of the same
article directs that three county audi
tors shall be elected in each county
where such officers are chosen in the
year 1875 and every third year thereaf-
ter BY the provisions of the act of
March 81, 1876 the salary of county
auditors in Luzerne county is fixed at
$500, aud section thirteen of article
three of the constitution commands that
no law shall extend the term OF any
public officer, or increase or diminish
his salary or emoluments after his cleo
tion or appointment
''If it be true then that county audi
tors are constitutional officers, that the
present incumbents were. elected by the
people ut the general election in 1893,
entered upon the duties of their office
on the first Monday of January 1894,
and that their term of Office will not end
until 1897, how can the legislature, with
out charges preferred or hearing, ar
bitrarily remove them from office and
authorize the governor to place a con
troller in their stead?
"Whcn a qualified citizen is lawfully
elected to and accepts such an office for
the term designated by the organic law,
it would seem chat the legislature has
not the power to take from the officer,
before the expiration of the term and
without charge preferred. the office and
his salary. II such power exists it is
at least incumbent upon the person who
so asserts 10 polht 10 tne express war
rant of law. | may be pardoned for
saying that in my humble opinion any
such authority would be extraordinary
if not dangerous in times of great excite
ment or under party zeal"
His Honor quotes some authorities,
and concluding, says: SIT follows that
If the above is a correct Interpretation
of the constitution and the law as laid
down by the suspreme court, at least
sections one and sixteen of the act OF
1895, which authorize an election in
1895, and the governor to Immediately
after the passage of the act appoint a
person to act as controller in Luzerne
county, is imperative and in conflict
with the constitution.
1.-The plaintiff not being entitled to
the relief prayed for the motion for an
injunction is denied"
Judge Woodward concurs in the opin-
ion. Mr.. Lloyd will go to the supreme
court.