The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1901-02-28
TIE COUNTY MUST PAY.
Proth onotary Henrie Wins Ms Suit In the Su
perior Court.

In 1850 an act was passed by the
Legislature requiring the County Com
missioners of the several counties OF
the state to furnish supplies and fuel
for certain county Offices. An amend
ment was passed in 1895 which in
cluded other Offices not named in the
first act. Among other things named
is stationery" From the passage of
the law, the County Commissioners
have refused to pay the several off
GERS for printed blanks used in the
business of their respective Offices, on
the ground that the word STATIONERY"
does not include printed blanks. Last
year Prothonotary Henrie presented
his bill for such blanks and the
County Commissioners refused to pay
it on :he usual ground above mention
ed. As the question had been long
in dispute it was agreed that a case
stated should be prepared and sub
mitted to the court. The only point
In the case was the question as to
what is included in the term 'station-
cry" Judge Little decided that 1t In
cluded all the printed blanks used in
the Prothonotary's Office, necessary
for the transaction of public business.
I From this decision an appeal was
taken by the County Commissioners
to the Superior Court, largely through
the influence of Commissioner Krick-
baum, who is reported as saying that
if the county did not win the suit he
would pay the costs The case was
argued at Scranton in January before
the Superior Court, and in an opinion
delivered by Judge Beaver the decis.
I ion of Judge Little was affirmed. The
opinion of the Superior Court is given
below in full.
In an action of assumpsit a case
stated is agreed upon to determine
the liability of the county for certain
supplies purchased by the Prothon-
otary for use in his Office. 1t is ad-
mitted that the liability, if any, arises
under the act of June IS, 1895, which
is an amendment to an act entitled
Gan act to authorize and require the
County Commissioners of the several
Counties of this Commonwealth to
furnish supplies and fuel for certain
County Offices, approved April 25th,
1850. No question is raised as to the
jurisdiction of the Court or to the form
of the action, An ltemized bill of
each article purchased by the Pro-
thonotary is contained in the case
stated and it is therein admitted,
"that all of said stationery was actually
used in the transaction fthe business
of said Office and was necessary and
required for the transaction of the
same"
The only assignment of error is
that "The judgment entered in this
case IN favor of the plaintiff is erron-
eous" and the only ground of error, as
appears in the argument of the
appellant, is that certain blanks used
in the Prothonotary's Office and pur-
chased by him from sundry persons
are not included under the word
Stationery" 1t is somewhat slgnlf-
cant that the third, fourth and fifth
paragraphs of the case stated apply
the term stationery" to the articles
contained in the BILL 1t is also ad-
mitted that the paper upon which the
blanks were printed is stationery and
would be properly chargeable 10 the
county but, because they have been
passed through printing press and
labor has been bestowed upon them
by the printer, that they cease to be
stationery and might more properly
be termed 'printed supplies" 1t will
hardly be denied that letter heads are
stationery and yet they have gone
through the hands of the printer.
Printed blanks are recognized by the
legal profession and furnished by deal
ers as form of legal stationery and
should be, it seems to us, covered by
the word stationery" in the act of
assembly referred to. The word itself
has not received judicial Interpretation
at the hands, of either ofthe appellate
courts of Pennsylvania but, under
81 nllar statutes in other states, it has
been held that articles of stationery
necessary for the Offices of the respec-
tive courts include printed blanks.
Knox County VS.. Arms, 2a III. IT'S;
Commissioners Court of Pike Co.
VS.. Goldthwaite, IS Ala. 7o4 In the
latter case the Supreme Court held
that legislative Interpretation Of the
word by which blanks were character
lied as stationery influenced the decis.
ion. The blank paner unon which a