The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-01-02

Judge Archibald, yesterday, handed
down two opinions, one deciding that
the city centre oller cannot be- compelled
to countersicn school board warrants
in third class city, and the other
ruling that mortgages fled in Luaerne
county cannot be satisfied by order Of
Il judge of this county.
The first mentioned ruling was in the
test case OF Washburn, Williams a. Co,
against City Controller Esdris Howell,
which was brought amicably To test
the controllers right ~ compensation
for countersigninE school warrants.
The act of May %. 1874, under the
provisions of which the controller has
been exercising an audito,ial supervis.
ion of the school district funds. makes
no mention in its title of anything save
municipal affairs. Tho clauses of the
act bearing on this matter read sub
stantially, "The controller shall SUI
pervise the accounts of all city officers
and the school district" Under the
genera. school laws IT was sufficient
for the president and secretary of the
school board to sign school district
warrants to make them payable.
MUST BE DIRECT.
Judge Archibald hold, that the claus
es in question Of the act of 1874 ara a
nateria! regulation OF the affairs uf
the school district AMI must be un-
dertaken by direct and not by incl
denta! legislation. Further he says:
No intimacy of relation between cities
of the third class and the school districts.
winch are cotcrminus. will Justify such
Il joint Enactment. If any provision of
this character is tn be extended to such
districts they are cntitleu to notice by IA
statute. the title to which shall disclose
the intention to do So; it cannot be un-
dertaken In an act which purports i'm it's
title to deal with cities of the third class
only. The act to this extent Is clearly
unconstitutional and the respondent was
justified In refusing to recognize it, This
view corresponds with that expressed by
McPherson, j.. in Baker vs.. Mckee q
Dist. 599 where a ptremptory mandamus
was awarded on the school treasurer of
Harrisburg To compel him to honor the
warrant of the president and secretary
of the school board. although not coun-
tersigned by the city controller
The rule for the mandamus to COM
pei the controller to countersign th,
school district warrants is discharged.
This means that the school warrants
hereafter Will not go to the city con-
troller's office at all. The signature of
the president and secretary is all they
will hereafter bear.
The second case was brought by
Catherine Ollendike, of Throop. to have
satisfaction entered on d mortgage on
a property in this county that is re-
corded in LuZerne county
CANNOT BE DONE.
Judge Archibald says this cannot be
done, as the Lackawanna court lacks
jurisdiction. The new county" act of
1873 provided that a certified COPY ui
the records in ,..e parent county might
be transmitted to the new county anl
then proceeded upon as if originally
recorded in the new county. This act
however has been repealed and this
provision falls.
Judge Archibald. however, sees way
out of the difficulty. He says:
There is nothing that We can see to
prevent re-entry of the mortgage in
this county as though ii had never be-
fore been recorded and then proceed
upon it as the law provides. If the sat
istaction Is obtained in that way in this
county it will undoubtedly discharge the
premises from the lien OF the mortgage
wherever else recorded, and that is al.
that can be legally asked for.
This question Is an important one.
bearing as it does on matters of lien,
searches and titles, and we have cndeav-
Ored to give it the attention which it de-
serves. 1t Is not new, having been de-
cided a number of years ago in this court
In the same way that we now decide il.
In re: petition of +. r.. Swartz. No. 34i.
January term. 1885, The decision there
made was followed in practice for Il time,
but having never been reported has evil
IDENTIFY been lost sight Of 1t is to be
hoped that the present case vii. settle
the procedure either by the acquiescence
of the profession In the opinion now cx-
pressed or its aftrmance or reversal on
appeal to the courts above us