The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1895-02-15

past year there has been an honest dlf-
ference Of opinion among the commits
sioners of this county as to the cempen-
sation that they are legally entitled to
receive.
Prior to the act Of 10th March, 1872,
under general law were paid at the
rate of three dollars per day, and in or
der to give the county the full benefit OF
their presence at the county seat while
here, they held a night session each
night, for which a half day extra WAS
charged, making their pay four dollars
aud fifty cents per day.
In 1872 a special act OF assembly was
passed, applicable to Cambria county
only. which fixed the compensation of
the commissioners of Cambria county
at S4OO per annum, and under that law
the commissioners worked and drew
| their pay until the act of MAY 1889,
when the Legislature passed a general law
regulating the compensation of county
commissioners within the common
wealth and fixing their pay at three dol
lars and fifty cents each, for each day
actually and necessarily employed in the
discharge of their duties.
Under this law, the commissioners of
Cambria county at once proceeded to
! work by the day and up until Commits
c,a h.. Let
| Monday of January, 1894, it was never
| officially questioned, although there was
some outside talk that a general law
| did not repeal special law un-
less specifically mentioned, but no one
interested ever gave the subject any at
| tention.
When Commissioner Wertz was sworn
| in, little over year ago, it was SAID he
had consulted an attorney as to the COM
pensation he was legally entitled to re-
ceive and that the attorney had given it
as his opinion, that the act of 10th
| March, 1872, fixing the compensation of
| the commissioners of Cambria county at
S4O0 per year was still in force.
By the auditors report published last
amounts paid commissioners for the
year 1894, are as follows: P. F. Dillon,
s45S.50; G. NJ. Wertz, S4OO; J. G. Lloyd.
81 ,OS1.0O, while the same report gives
the number of days credited to Mr.
| Wertz as 134, which at So 80 per day
would, at the per diem compensation,
eutitle him to receive 1863 90.
The Herald of last week made the an
nouncement that it would publish this
week an opinion of William H. Sechler,
Esq, as counsel for the county auditors,
on the question. On Saturday the
Johnstown Tribune published Mr.. Sech-
ler's opinion in which that gentlemen
! gives it as his opinion that the commits
| siOners are entitled to the per diem
compensation, basing his opinion on
the fact that the act of 1889 repealed the
the ac: 1872 by implication and also
that the act of 1872 was unconstitution-
al
The auditors report for 1898 does not
give the individual salaries of each of
the commissioners for that year but
Jumps them in a total of -, Csc. 90
making the average salary at SS95.
But in the report for the year 1894
we find that Commissioner Wertz is
working by the year at a salary of $4OO;
Commissioner Lloyd is working by the
day at So 80 per day, while Commission
er Dillon is not altogether certain where
he is at, charging $3.50, per day, but
keeping very close to the $4OO mark
putting in much less time than former
! ly, so that in case the compensation
should be but S40O he will not have a
great deal to refund and will not be out
much expense in time and boarding.
How long it is to go on in this way,
we, of course, cannot tell. 1t may be
that Commissioner Wertz will publish
the legal opinion of his attorney next
week in the Nountaineer and South Fork
Record and the people can then see both
sides of the question and like Mr.. Wertz
and Mr.. Lloyd take their choice.