The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-11-09

VIII the newly elected county on.
GERS be paid a salary o. will they re.
ceive fees as heretofore after the
population of the county is officially
announced by the census departmrnt
. In Washington?
This is question which is being
much discussed these da.s among the
new officials themselves, among the
lawyers and among the taxpayers in
general. One thing is certain. The
population OF the county will be nearer
100000 than 100000 and perhaps be-
yond the former figure.
Now, the constitution provides that
IN counties having population Of
over 100000 the fee system shall be
abolished and that each officer shall
receive certain salary to be fixed
by law. The constitution also contains
a clause which reads as follows
mo law shall extend the term OF
any public officer or increase or di-
minisn his salary or emolumen.:'.. nf.
ter his election Or appointment"
1t will be noted that the above
section says plainly "after his elec-
tion or appointment" Local lawyers
disagree in their Interpretation Of this
section. Some contend that inasnuch
as the census returns showing the
county to have population of over
100000 We're not made public before
the election that the fee system can
not be abolished for three years and
that the officials elected Tuesday cam
not legally be put upon salaried
basis.
OTHER CONTENTION.
-.
announcement of the population Is
made before January /, or before the
officials assume Office that the salary
system will Immediately go into effect.
They look at the spirit rather than
the letter of the law, and say that
while the constitution reads "after his
election" that what IS meant is "afler
he takes or assumes office"
There are still others who contend
that il the official announcement is
made after January 1, or after thu
officers have taken up the duties of
their Office that Immediately upon ;ss
being made the salary system will s'
into effect. Those who maintain This
point have not much upon which 10
base their arguments ina ssmuch as the
Supreme court. Of the state has all
ready decided that if the census an"
nouncement is made after an officer
assumes office. he cannot l,e put upon
a salaried basis.
The case in which, this opinion was
handed down was in that of Guldin
VS.. Schuylkill county. 1892. r. c. Gull
din was elected coroner of Schuylkill
county on Nov. 4, 1889. and his term
of office began in January. 1890. In
January, 1891. the 1890 census returns
showed that Schuylkill county had a
population of 154. .lG3 as against 129,-
974 in 1880.
THE GULDIN SUIT.
Guldin tried to collect his fees for
the month of January, amounting TO
some S2S1. but was unable to do SO rs
cororers in counties of over l5O.Joo
are paid $500 a year. lie accordingly
brought an action in assumpsit but the
lower court decided against him en-
tering Judgment in favor OF the de-
fendant county. He Immediately ap-
pealei the case TO the Supreme court
and it was argued in February, 1885,.
The defendant county admitted the
correctness of the plaintiffs claim:, of
$2S7, but contended that he was affect
ed by the provisions OF the act OF
1876 fixing the salary of coroner at
$500 per year. The plaintiff contended
that the act did not apply to him
inasmuch as his monuments would
thus lie diminished in violation Of
Sect. 13, Art. III. Of the constitution
prohibiting any increase or decrease
of the salary of any officer after bis
election.
The opinion In the case was written
by Judge Heydrick. He pointed out
that the population of the county "
the census of 1850 was 1894 and that
this must be deemed to be the popu-
lation at the time Of Guldin's election.
The judge pointed out that ac the
time of his election, therefore. the
salary act of 1876 had no application
to him or to the Office he was running
for ITO give 1t an application" says
the opinion, after part of his term Of
office had expired would be to take
away from him the fees authorized
by law when he accepted the office.
that is to say it would diminish his
cmolumengs by law after his election
and the result would b. precisely the
same as if tire law We're passed after
his election, and would therefore BE- q
violation of the prohibition directed
against any chanEn Of salaries or ern-
oluments in Office after his election.
MATTER OF JUSTICE
"A sense Of thu manifest justice, on