The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1901-08-07
Opinion Of the Deputy ATTORNEY lieneral.


HARRISBURG, Ps,, July 81, 1901.
Hon. n. c. SCHAEFFER,
Superintendent of Public Instruction.
Sir:
Your letter of recent date, TO the Attor
ney General, enclosing letter of T, f
Ritchey, attorney tor the school directors
of Forest county, and other papers rela
tive to the election Of +. f, Stitzinger
Superintendent the Public Schools o
said county, and requesting an opinion
upon the facts therein stated, has beer
referred TO me.
1t appears from the letter, affidavit,
and other papers filed in the case, that 1
convention of the school directors of For
est county was held in Tiouesta on Tues
day, MAY 2nd, 1899, for the purpose o
electing a County superintendent. Their,
were several candidates for the position
but tine official return shows that of the
80 directors present 32, more than ma
iority of all pre,ent, voted for f. f
Slitzinger, who was tnereupon declared
elected. The official return also shows
that his salary was fixed at the rate OF
fifteen hundred dollars ,Sl50Ol per year,
and this return is certified to by the Sec
retaries of the convention, rs required by
law. Since that time Mr.. Sutzinger has
OBLIGATED as County Superintendent, and
has performed his duties and received
his salary in accordance with the official
return originally filed in your depart
ment
Now, after lapse of two years. the
charge is made by certain school direc-
tors of Forest county, through their at
torney, that the original return was i'm
properly made out and that the conven-
tion which elected Mr.. Stitzinger did not,
in fact, fix any compensation whatever
and Therefore, he is entitled 10 only one
thousand dollars $1,000 per annum under
the law; and it is requested that he be
compelled to refund the amountin excess
of that sum, which has already been
paid him, to the school directors of For
est county. In support of this conten-
ton a new return is fled to which is
attached the affidavit of the secretaries OF
the convention in which they state that
the original return was defective in that
the convention did not fix any salary,
but that the words Fifteen hundred dol
lars'were filled in by mistake or error.
The question raised is novel one, and
a careful research discloses no precedent,
but in view Of the fact that the oiigin
return bears every mark of regularity,
aud the further fact that there is no allie
CATION of fraud, nor is there any excuse
offered for the long delay on the part of
those now complaining, it seems to me
that you are justified in taking no action
at this late day. Ii would, in my Opin-
ion, establish a dangerous precedent if
those upon whom is deyolved the duty Of
making returns in cases of this Kind
were to he permitted, after a silence of
two years, TO decrease or increase the sal
airy ola Superintendent upon a plea Of
mistake or error.
The lat Legislature passed an act,
which was signed by the Governor on
the 18th day of May, 1901, prescribing a
different method OF fixing the salaries of
county superintendents, and. inasmuch
as the term Of office for which Mr.. Stitz-
niger was elected is 50 nearly at an end,
and the mistake or error complained of is
directly attributable TO the action ofthose
in control Of the convention which elect
ed him, | am satisfied that your depart
ment ought not to be asked to move in
this matter.
i, therefore, advise you that, alter a
careful consideration of the facts submit
ted TO me, am OF opinion that you would
be warranted in refusing to he party to
the Dresentproceedings and that the COM
plainants must seek their remedy in an
other tribunal.
l return herewith the papers submit
ted. Respectfully.
(Signedl FREDERIC W. FLEITz.
Deputy Attorney General.
In the opinion OF the Deputy Attorney
General, the department of State Supt
Shaeiier. is not the proper tribunal for
this case, and be advises him TO take nc
action in the matter. 1t is proper to statt
that the directors were disposed to try
this milder method of adjusting the mat
ter, in which the secretaries of the con
vention acquiesced by their sworn state
ment Of the facts. There was no dispo
stion to be harsh or to invoke the stron,
arm Of the law, but that seems to be tn,
only alternative left 10 the school director
Of the county, and it is now for them {
say whether they desire to pursue tina
course, or allow the balance of $500 to g
with the other $1,000 already lost to tn
county. In the matter Of delay, it shoul,
be remembered that more than a yea
had elapsed before the directors of th
county became aware that such a certifi
cate was on file in the Slate school dc
partment.