The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-08-15

ion in the poor board case. He decides
that poor directors should be elected
but hat Frank j. DiCkert Is entitled
to continue as poor director for the
South ward of this city, because ne
was appointed to fill a vacancy. the
opinion i'm full is as follows:
This proceeding is instituted for the
purpose of inquiring into the title OF
+. j. Dickert to the office of director or
the poor of the Scranton Poor District.
The writ of quo warranto issued in the
beginning against F. l.. Terppe, VINO
resigned while the action was pending.
BY proper procedure, under the act of
assembly, Mr.. DiCkert was substituted
as respondent. he having been appoint
ed to fill the vacancy caused by the
resignation of Mr.. Terppe Hence the
parties to the record now before us are
the Commonwealth, plaintiff, and f. j.
Dickert respondent.
1t appears that Mr.. Terppe was APP
pointed poor director by the President
Judge of our court Of Common Pleas.
for the term of three years from the
third Friday of March. 1896. The APP
pointment was made March 23. 1896
Mr.. Terppe, after serving sometime, re-
signed his office on December IA, 1885,
and his resignation was accepted on the
same day. Thus the territory formerly
ough of Scranton was left without
representation on the Poor Board, In
other words, there. was a vacancy.
On March =. 1899, f. j. Dickert was
appointed to fill this vacancy. An eX-
animation Of the legislation relating to
the Scranton Poor District leads us to
the conclusion that the regular term
of the representative from the South
Ward ended March II, 1899, so that
there was only fifteen days of the term
remaining when Mr. DiCkert was APP
pointed. He is now holding over until
his successor is duly appointed. or
elected, as the law might be determined
on this question. This brief statement
shows the status of the case and the
pleadings as they are now before us.
SEVEN DIFFERENT ACTS.
The legislation creating the Scranton
| Poor District, as it is now called, and
| regulating its affairs, is comprised in
| seven different acts of assembly or sup
| plements. We shall only refer to two.
| The consideration of the others is not
| material in the discussion of this case.
| The act creating the poor district was
| passed April ., 1862, CP, l.. 1922 under
| the title of "An Act TO authorize the
| erection of Poor House by the Bor-
| ough of Dunmore. Borough of Scran-
| ton and Township of Providence, in
| the County of LuZerne." The only part
| of this act requiring our attention is to
be found in Section 3, providing for the
| filling of vacancies. 1t is in these
words: And in case of a vacancy
| occurring in the board Of directors of
| the poor Of said bOroughs and town
| ship, by death, resignation or other
| wise. it shall be the duty of the court
| of Quarter Sessions of the county of
| Luzerne to appoint suitable person to
fill such acanCy for the uneXpired term
| of the director causing the same
| A supplement was passed March 16,
1866. P. l.. 230) having the following
title: "A further supplement to an act
entitled An act to authorize the crec-
| tion of poor house by the Borough of
| Dunmore, borough Of Scranton and
| township of Providence in the county
Of Luzerne', approved the 9th day of
| April. A. D., 1862" Section > of this
| supplementary act provides: That
hereafter wherever any vacancy shall
occur in the board of directors, created
| in pursuance of the act to which this
| is a supplement, whether such vacancy
| occur by the expiration Of the term OF
| office. or otherwise, the same shall bt
filled by the appointment of the presi-
dent Judge of the Court of Common
Pleas i'm and for the county of Luzerne
at a regular term of said court, upon
the petition Of at least twenty free
holders from that portion of the district
| comprised within said act. in which
the vacancy occurs; that all acts and
| parts of acts, inconsistent herewith
be and the same is hereby repealed
TRANSFERS THE POWER.
1t is clear that the supplement trans
ferS the power to fill vacancies from
the Court Of Quarter Sessions of Lu
zerne county to the president judge
of the Court of Common Pleas, AN,
provides how the president judge may
be moved to fill vacancy. to wit bl
petition. Does the section quoted Il,
more than this? What is meant b,
the peculiar legislative expression of
. vacancy occurring "at the expiration
! of the term" when the organic law o
the district provides for the election
of poor directors by the people at regu
: lar periods? We shall endeavor to ans
wer this question in the further dis
cussiOn of the case.
The first important question raise,
by the relator refers to the constiuu
, tiOnality of the supplement of 1866, |
is claimed that the supplement is un
constitutional because ii violates tn
constitutional amendment of 1864
which provides that no bill shall b
| passed by the Legislators containing
more than one subject, which shall b
|
l than thirty years have elapsed sine
this supplement was placed upon tn
p ! statute book. 1t came before HAND
j., for construction in 1884. Under II
: poor directors have been appOinte
I, since 1866 but during all these year
no attack has been made upon its con
L stitutiOnality.
The question is now raised for tn
first time. A few general principle
| times hn in
considering the COnstitutionality Of
statute. All statutes should be con
strued so as To sustain them, rathe
| than ignore them. one section of
statute may stand the test of judicG
. scrutiny, while another section ma
e fail ContemporaneOus construction {
n statute and long aCquesCenCe |
Y the operations of its provisions wi
e often save il from the destructive al
tack of the strict constructiOnist. Bu
we need not rely particularly upO
these general principles in this cas-
II because we are of the opinion that III
= supplement of 1866 fairly meets the rt
quirements of the constitution;
" amendment of 1864
II AUTHORITIES QUOTED
d The authorities sustain us in this pt
sitiOn. In Allegheny county's Hon
IS case, - Pa, u. the following tit
OF an Act or Assembly, passed IN loi
was considered sufficient: AN A,
providing for an equitable division
property between the county of All
gheny and the city of Pittsburg," "
can do no better than repeat the lal
guage used by the court in this cas-
IS The course of decision in this cou
lr has been intended to carry out the tn
II intent of the amendment of 1864, as
le the title and subject of bills, instea
of resorting TO shnrn CRITICISM. MhiC