The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-12-17

Neuls had year to serve when he
was removed, and he sued to recover
the amount of salary due him at the
time suit was begun. claiming that
his removal was illegal. In deciding
against NculS. Judge Carpenter said:
ut is contendod on the part of the
rlaintiM that the legislature has no
power to enact a law authorizing the
removal of Il public officer before the
end of Il term for which he was elected
and Article 9, section IL. and Article
6. section I. Of the constitution relied
upon to support that contention.
! '''rhe find provides. NO law shall @X-
tend the term uf any public officer or
| increase OF diminish his salary "
cmolumcnts. after his election or ap-
pointment.' And the latter. that all
, officers elected by the people. except
governor, lieutenant governor, mem-
bers of the general assembly and
Judges of the courts of record learned
in the law. shall lie removed by the
governor for reasonable cause, after
due notice aud full hearing. or an ad-
dress of two-thirds of the senate.
at is argued that city assessors are
elected by the people and are within
the class of public officers contem-
plated by the constitution, and cannot
be removed except in the manner pre-
scribcd in the section quoted.
''Thc office of city assessor is not one
of those which are usually denomin-
,, ated constitutional 1t is not nlru-
toned in the constitution. and no pro-
vision is made therein for the election
of such on officer. AS was said in
commonwealth vs.. NIccOmbS. IS Pa,
i%6. by Strong, jr.. referring to the Of
flee OF district attorney prior To the
adoption of the constitution: Not
having been mentioned by the Consti-
tuition. the legislature was left with
unrestricted powers 10 prescribe what
the duties of the office should be. and
what the length of its tenure. -
Having the power to create, they haze
also the power to regulate, and even
destroy. Undoubtedly the legislature
may at any moment repeal tn" act Of
1880 and abolish the office. They may
provide Il substitute for it. Thr
compensation which Was allowed at
The beginning of nn incumbcnt's t"Nm
may be diminished or wholly taken
away
II NuS Slll DN Mlltlltll, III stlI-
other Gus" quoted: The right to an
ot!c" is not the right of the incu!n-
bent to tn" place, but of the people 10
the office. An office therefore, not
constitutional, exists by the vii! of the
legislature only ami may b" abolished
at amy time and the incumbent has 10
standing to cOmpain.'
"A citr assessor, not being conSti-
tutional officer. there can he no uu"s-
lion under the authorities cited that
the legislature may provide for his re-
moVal from office
1T is provided in the schedule to 'he
Act of March !, 1904, the second cia -
city charter bin. that: ''rhc city "e-
cordcr, so appointed by the governor
and ,hcir Successors 50 appoint ',.
shall have the right ANA power and are
hereby authorized to remove from ~
flee " members of the board of
asseSssurs.' AS this X not in deroea-
tion OF any right vouchsafed to the
plaintiff by In" constitution, II Is clear
IS within the power of the legislature,
and il follows that his removal VAS
authorized by law and that he is not
entitled 10 The salary which lie
claims