The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1895-04-12

the unity OF majority OF the members |
of said board.
Two members acting at the time of |
fling the bill and answer have res
ponded to said petition, and The !
charges, made by the reator being |
agairst the officers and representatives
of municipality, rather than against |
individuals the suit will not abate by |
the expiration of the term of Office of
the original respondents. When the |
proper papers have been once duly |
served upon the proper officers any
further proceeding which they warrant
may be taken against their successors
without proceeding de moro. 1t is
but repetition Of the same proceed
ing against the same party represented
by another, or other persons.
The Bloom Poor District which in
cludes and is composed Of territory
covering several townships within the
county is body corporate and un-
questionably quasi municipal Cor
poratlon.
1t was organized, and is conducted
under and by virtue of the Acts of
Assembly of April I'D 1860 pamphlet
laws. page sSS, March 18th 1869 P.
L. page $40 and supplements thereto.
Among other things, the 4th Section
Of the Act of 1860, provides that the
directors shall appoint certain officers
and assistants and among them that
of Steward, as they MAY deem, necess
a,y to serve for one year, and until
successors are appointed and qualified,
and said officers and assistants may
be removed by said directors for
neglect of duty or misconduct in Of.
fee and the vacancies be filled by
| them.
1t is equally we'll settled that the
office of Steward is an appointed Of
flee within the meaning Of Section
4 article 6, of the constitution of the
State and subject to be vacated by
the power that filled it. See Thomas
VS.. the Scranton Poor District 4
Com. Pleas Rep. page I55 and cases
therein cited.
At meeting of the Board Of Di-
rectors duly convened and acting in
good faith, a majority has the right
and power to reconsider their action
in appointing person to office whose
term has not commenced or expired,
and revoke the appointment, re-
move an incumbent, declare the Of
| flee vacant and fill the vacancy by
reappointment.
The relator, in this case, in accept
ing the Office of Steward assumed the
risk OF being removed at the pleasure
of majority Of the board of directors,
for the causes named in the Act of
Assembly.
His petition sets forth the meeting
of the board of directors, their recon
sideration of their action in appoint
ing the petitioner, their revocation of
his appointment, the vacancy of the
Office declared, and the appointment
of G. H. Lee to fill the same and his
induction into the Office. True the
petition alleges that these proceedings
were secretly, unlawfully and pretend
edly had, but these allegations are
denied by the respondents and we
cannot under this proceeding try and
determine the disputed right and
title to the said Office.
, If the petition had been filed sub
sequent to April 1st 1895, the time
6 fixed by the parties for entrance into
the Office by the relator, and after &
, demand made by him to be permitted
to enter upon his duties, and contain.
4 ing only refusal by the respondents
to permit him to hold and exercise
S his office, for the reason that his ap
pointment was procured by his mis-
representations and by wrongful
t means, accompanied with proof, b,
r evidence taken, that he had beer
wrongtully and unjnstly rejected, W,
n might hold, under this bill in equit
# that it was the bounden public dut,
6 Of the respondents to admit the rela
c tor into Office when the same wa
r, vacant and even enforce such admis
II sion by writ of mandamus.
!, But the bill was filed eight day
u before the time agreed upon in writ
ing, by the parties, at which the rela
u tor could demand entrance into hi
II Office, and furthermore it containe
notice and full knowledge of the rela
- tors removal from his appointment
\ the vacancy declared, and the hllin
6 of the same by the appointment {
c. H. Lee and his acceptance, il
- duction and service in said Office.
5. We are therefore, upon the matter
A. set forth in the petition constraine
,r to sustain the demurrer.
er Mandamus will not lie to compel
J. municipality to admit to office a pc
lie son duly and properly elected whe
a Il