The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-09-12
MIR. REEDY'S OPINION.
N'pttliibNA - Io'''
School District

Board of Control, City of Scranton
School District.
Gentlemen; Again replying to the COM
munication of the city controller, ad-
dressed to your body, asking for an al
lowance for clerk hire and in which an
opinion from the city solicitor sustaining
his position is enclosed, l would say:
The only Act of Assembly, the consti-
tutionality of which has never been
passed upon by an appellate court in this
state, which imposes upon the city con-
troller the duties in connection with the
school district such as supervising school
accounts, countersigninG warrants, etc,
is the Act of May %, 1874, p. 80. =. l..
25i which provides
'llc shall have the supervision and con-
troll of the fiscal concerns of all depart
ments, bureaus and offices of the
school district"
He shall countersign all warrants on
the city treasurer and shall not suffer
any appropriation made by the
school board to be Cverdrawn."
He shall be paid fixed yearly salary,
to be provided by ordinance, which shall
not be increased or diminished during his
term of office"
No citation of authorities is necessary
to make the foregoing clear. In the very
reading it is emphatic that the city con-
trollcrs salary shall not be increased or
The case of Baldwin VS.. Philadelphia,
cited by the solicitor as stated in my
former opinion, is not applicable 1t
passes only upon the question of salary
under Article III, section Is, of the con-
sttution, which is as follows:
mo law shall extend the term of airy
public officer, or increase his salary or
emolumcnts after his election or appoint
ment."
ORDINANCE NOT A LAW.
In the case cited it was held that an
ordinance was not a "law' as Contem-
plated by the constitution. AS if to cure
the effect of this decision the Act of 1914
provided it should not be increased or
diminished by ordinance.
The Act of May %, 1899, section 6. +. l..
pa, cited by the city controller and the
city solicitor which provides: THE city
controller of any city of the third class
shall exercise the same authority and
supervision of the finances and accounts
of the school district, as he does by law
with reference to the finances and ac-
counts of city affairs, and he shall CoLn-
tersign all warrants for tho payment Of
money out of the school treasury in the
same manner that he COuntersgns city
warrants: his compensation for such SER
vices shall he fixed by the school board
prior to his election. and he shall be TO"
QulIcu 10 give bOllu 10 lut SCilDOl us
trct, with surety or sureties, conditioned
for the faithful performance of hia
duties; provided, however, that this sec
tion shall only apply to cities having Il
city controller" is unconstitutional and
has been so held by the supreme court in
Com. VS.. Reynolds, 137 Pa, ST. 39S, Mr..
Justice Clark who delivered the opinion
Of the court said: "The Act of May %,
| 1889, p. L, PA, relating to school districts
Il, aif Of 10 irI ala iit % toe. 4
| ticlc III, section of the constitution, and
is wholly void"
The Act of May %, 1874. is the only law
governing the duties and salary of the
| city controller, so far as concerns school
districts, and l am still Of the opinion
| that the request of the city controller for
| an appropriation to him for clerk hire
cannot be legally complied with; and an
| increase of his compensation will be con-
| trary to law.
NO AUTHORITY FOR 1T.
A careful examination of the statutes
and authorities of PENNSYLVANIA fails to
| reveal any express or implied authority
| for the payment of money from the school
treasury to the city controller, The
| school district passes no ordinances and
| tho Act of 1874 would imply that he is to
| receive salary only from the city which
alone passes ordinances. To make this
| inference stronger we need only read the
| Act of 1889 which shows that in the minds
| Of the Legislature ii was considered that
| the city controller was not entitled to
| compensation from the school district
| and by that Act ii was sought to do So.
Salary is defined "the periodical COM
pensation to men in official and some
| other situations"
q Am. ana Eng. Ency. of Law, 44G.
Com VS.. Butler, 50 Pa, st. SAP.
An additional allowance to the control
Ter from the services of clerks already in
| his employ wou d in my judgment be an
| increase of his compensation as fixed by
| the ordinance If the city councils which
| allows him the sum of IS, 400 for salary,
| clerk, and incidrntalS.
Now that the subject has been brought
| to the surface tor a second time by the
| communication of the controller. it might
not be amiss TO discuss the 39th section
| of the Act Of 1874.
Its constltutionality is virtually assall-
ed in the proceedings now pending in the