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


Com. ex rel. Shower VS.. Stewart, 6 Law
Times n. S. 159 1t Is there decided
that the clear intention OF the legisla-
ture was to abolish the elective system
and that no other meaning can be de-
duCed from the words used. We have
reached the opposite conclusion and
will proceed to give our reasons there
for.
/. The original act provides for the
election of poor directors. They are to
be elected from certain districts and
for stated terms. Numerous provisions
are made for the regulation of the cleo
tions. The same act, in section three,
provides for the filing of vacancies
caused by death, resignation or other
wise" Thus, the act contains legisia-
tion, inter ALA, on two distinct sub
jccts, to wit. the election of poor direc-
tors and the filing of vacancies.
2. The subject of the second section
of the supplementary act relates to the
filling of vacancies only. The section
has no reference whatever to the cleo
ton of poor directors. 1t studiously
avoids any mention of the word "elec-
ton" If the intention was to abro-
gate the elective method the legisla-
ture should have said so. A few words
to that effect would have been suffi-
Cient 1t could have enacted that the
section providing for the election OF
poor directors as set forth in the act
of 1862 is repealed and that hereafter
the directors shall be appointed by
the president judge, and then proceed
ed to provide for the filling of vacan-
Cies BY the very terms and words
of the section, the legislation refers
to only one Of the subjects contained
in the original act and according to
well known rule of Interpretation all
other subjects are excluded and they
cannot be brought in by judicial con-
struction.
VACANCY BY EXPIRATION.
3. A vacancy occurring by the eX.
piration of the term of office" when
the office has been once filled and when
| the law provides for the election of a
successor is a curious anomaly, and
can exist only under certain excep-
tional conditions. If the Trainer of the
supplement intended by II to abolish
the system of eleCtlng poor directors.
we would characterize the attempt as
a clumsy effort to secure legislation
by a species of legerdemain. We can
not for a moment believe that the
legislature intended any such result.
1t is reasonable to think that the inten-
tion was to substitute one method of
filling vacancies for another. As to
the meaning of the word vacancy"
we are not without some authority.
The question was very learnedly and
elaborately discussed I'm the case of
Walsh VS.. Commonwealth. SO Pa 426.
In that case there was no dispute as
to the ordinary Specification of the
word as applied to an office An office
which had been once filled and became
vacant on account of the death or re-
signation of the incumbent created
vacancy. This was a plain proposition
1iTi inC
| But the supreme court went further
| and decided that the word vacancy"
aptiy and htly describes the condition
or an office when it is first created and
has been filled by no incumbent"
The conditions confronting the court
in the Walsh case induced them to eX.
tend the legal sgnificaton of the term
| vacancy beyond the popular concep-
| tion of its meaning. In the absence
| OF peculiar conditions the common ac-
ceptation of the use of the word must
prevail. An office that has an incum-
Dent elected for regular term, the
| law providing for the election of his sue
| cessor, cannot become vacant because of
| the expiration of the term. There may
be a failure to elect at the proper time,
or the director-elect may fail to qualify
| and aCancy may exist for these
| causes, but not merely and specifically
THE~SECOND SECTION.
4. 1t is our duty now to examine
more particularly the phraseOlogy Of
! the second section of the supplement
tary act of 1866. 1t is claimed that the
| purpose was to change the elective
| system of securing poor directors; and
IN TINS connection our attention is called
| to the fact that by the terms of the
supplement the petition for the appoint
| ment must be signed by twenty free
| holders from the proper district and
! the appointment must be made at a
| regular term of court, whereas under
the original act the filling of vacancies
| was not hedged in with these import -
| ant formalities, This argument has
| no weight. The appointment Of a poor
director to fill a vacancy is important
enough TO require petition signed by
| twenty freeholders and it is entirely
| proper that the appointment shall be
| made at regular term Of court, so
| that the people interested in the ap-
! pointment should have an opportunity
to be heard
Under the Act of 1862 vacancies we're
filled by the judges of the quarter ses-
| sions without petition, at any time, in
| open court, or in vacation. The sa fe-
| guards surrounding the filling of va
cancies, as provided in the supplement
| of 1866, cure the defects in the Act of
1862, and are consistent with the con-
| Structiop we place upon the law. Re-
! Sardless of the object which the franz
crs OF the supplement had in view our
| duty Is clear. We must ascertain the
meaning of the act from the act itself.
| when the language of an act is plain
and admits of only one meaning the
task of Interpretation is easy Where
| the words of a statute are plainly eX-
pressive of an intent, not rendered
dubious by the contest, the interpreta-
tiOn must conform to and carry out
that intent" Bradbury VS. Wagon
| horst, "a Pa. 1872.
Judges have no right to mould the
language of statute in order to carry
out an uneXpressed purpose or to meet
an alleged coincidence, nor can they
alter the clear meaning of words even
| IT the legislature may not have con-
| templated the convenience of using
| them. Looking at the words of the
supplement we find that the vacancies
10 be filled may occur by expiration of
the term of office or otherwise. AC-
cording to the original act the vacan-
cies would occur "by death, resigna-
ton or otherwise" The word "other-
wise in the supplement is broad
| enough to cover vacancies by death
and resignation, 1t also covers va
cancies by removal of the incumbent
from the district and by failure of a
director-eiect to assume the duties of
his office.
WHEN A VACANCY EXISTS.
But how can there he a vacancy
caused by the expiration of the term
| We know of only one way and that is
the failure of the electors of any par
| tiCular district to elect "a moor diractOr