The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-04-15
COUNTY TO PAY ASSESSORS
For Making the Enumeration OF
School Children.
ATTORNEY GENERALS OPINION
No Flaw In the Compulsory Education
Law-Spcoifieation rs TO Payment
Not Necessary. Counties I'm.
pliedly Responsible.

OF cnllufen between Ine years OI anu
Is. This Is to be done by the assessors
Of voters at the time they are to make
the registration Of voters early next
month. In several counties Of the COM
monwealth the commissioners intended
to evade this duty on the ground that
the act does not specifically say that
the county is to pay the expense of the
same, though the evident purpose of
the section relating to this enumcra-
tion. as set forth editorially some days
ago In these columns, Is clear as to the
intended responsibility of the respec-
tive counties and that by Implication
they were to pay the assessors In or
der to set aside doubt as to the liability
Of the counties and to execute the law
DR.. Schaeffer, state superintendent Of
education. officially submitted the
points at issue to the attorney general
and the following interesting opinion
is the result.
THE OPINION IN FULL.
Office of the Attorney General.
Harrisburg, Pa, April IA, 1896.
Hoc. Nathan G. Schaeffer. Superintendent
Of Public Instructions:
Sir--This department Is In receipt Of
your communication Of recent date, ask
Ing for an opinion upon the question Of the
liability OF the several counties of this
commonwealth for the pay Of assessors
who are required, under the compulsory
school law, approved May lG 1895 OP. l.. 72)
to make an enumeration OF children he
tween the ages Of eight and thirteen years.
The county commissioners. In few in
stances, as l am informed, have taken
the position that the county Is not liable
for the payment of the district assessors
In making the enumeration of school chill
dren. for the reason that the act of as
kx1r h. lob. x..nt. tI.x Drty
performed. does not provide, In positive
terms. that the county shall pay the same.
1t Is contended by the persons who take
this position that county Is never liable
for the costs Of criminal case. or SER
vices of n public officer, unless made so
by the express provision of an act Of as
senbly The rule invoked Is too strongly
stated; II has Its foundation In the history
Of criminal proceedings. Criminal ac-
tions were formerly prosecuted In the
name of the king. who paid no costs. AZ
ter the time of the revolution the COM
| monwealth stood in place Of the king.
Hence the rule followed that 1t paid no
ccsts without being required to do SO by
an act of assembly. 1t Is quite true that
the same rule has been applied to some
extent in matters of a civil character, but
its rigidity must be somewhat relaxed
when applied to the ordinary affairs Of O.
county.
A better statement Of the rule may be
found IN the language of Justice Sterrett
in the case of Wayne county vs.. Waller,
80 i. s. 106 wherein 1t Is stated: "1n this
state we bave always proceeded on the
safe principle of requiring statutory au-
tho ftty. esther In express terms or by nee
essary implication, for all such claims
upon the public treasury" II the rule
that a county is never liable except upon
the express authority OF an act of as
sembly is to be Of universal application.
1t would necessarily follow that many Of
ficers, who are now paid out Of the coun-
ty funds. would find themselves In the po
sition of having no such express legislr-
tive authority upon which to base a
claim for services against the county. y
history of the Legislation providing for the
election of assessors, specifying the duties
to be performed by them. and fixing their
compensation. answers substantially the
question your inquiry raises.
THE ACT OF 1884.
The ac. relating to counties and town
| approved the 18th day Of April, a. ID. 1881
| (P. l.. 553), provides. among other things,
| for the election Of township assessors.
This is the parent act on the subject of
| township officers, the later ones being
| but supplemental to the original. Sec
| tion 50 of said act provides as follows:
ut shall be the duty of each assessor
| and assistant assessor to keep an ac-
count of the several days by him actually
employed In the performance Of his duties,
and to make return of the same to the
| commissioners of the county, verified by
his oath or affirmation and for each day
| necessarily so employed he shall receive
| the sum of one dollar"
The act Of 1884, above mentioned, was
| amended by the act of May 9th, A. ID. 1887
| Q'. l.. 1861 wherein 1t Is provided. with
| reference to the pay OF assessors. as fol-
| lows:
sit shall be the duty Of each assessor
and assistant assessor to keep an account
| Of the several days by him actually cm-
ployed In the performance OF his duties
| and to make return of the same to the
! commissioners of the county: verified by
his oath or affirmation. and for each day
necessarily so employed he shall receive
the sum of two dollars
The act of June l6, A. d. 1891 (P. L. 29S).
provides for the election Of an assistant
assessor for the purpose Of the registra-
ton of voters In townships and boroughs
containing more than one election distri It
| wherein but one assessor for valuation
resides. This act provides that the as
sistant assessor in each Of the election
| ing to electors now required to be per-
| formed by assessors in boroughs and
townships having but one election district.
There Is no provision, however, In this
pensation such assistant assessor shall
| receive or who shall pay for such services
The act Is silent upon the important ques-
ton. 1t has been the uniform practice of
| the COuntleS Stuce tNe dppTONdi VI tne ACT
Of 1884. to pay the assessors for the time
| spent in the performance OF their duties,
| as required by that act Of assembly. For
| more than half century the several coun-
ties Of the commonwealth have paid the
assessors under the provisions Of this
law, although it Is not specifically pro-
| vided therein that the county Is liable
The act of 1887 increased the compensa-
tion of assessors. but remained as silent
as the act Of 1884 upon the question OF
| xrprn QarviNaQ
Under the act of 1891 the assistant asses.
sors have been paid out Of the county
funds, although there Is no express au-
thority for so doing But. under the rule
IL liable by necessary implication.
FOR REGISTRATION.
Section 4 Of what is known as "The Com.
istration Of all children between the ages
of eight and thirteen years. which enum.
Grafton is to be returned to the county
commissioners of the proper county, ami
school board Of the proper district. whost
cuty II Is to furnish the principal OF
teacher Of each school with a correct list
Of all children In his district subject tc
he provision Of this act, Il Is then fur
assessors shall be paid per diem compen
sation for their services, q sum equal tt
the compensation paid under existing law.
for assessors Of election. said services no
to exceed ten days."
All assessors are township officers ant
they perform such duties as the law re
quires of them. 1t Is part Of their dut,
to make valuation Of property. both rea
and personal, upon which taxes are levied
The registration of voters, the enrolmen
Of men At for military duty, the registra
/. !, lion Of births and deaths. and the enumer
atm Of children betweep the ages Of eigh
ana thirteen years are s1rne Of the du
ties 20 ',a performed by tiem under tn,
provisions ef Various acts Of essembly