The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1912-03-27
Important Opinion BY The Court.

NO''" OP bi'oh W bho OOuHty tOu-
missione f their salary. The petition OF
the relators It's forth that the petitioners
are the Couty Commissioners of Forest
county, dulylected at the municipal cleo
ton held Nomber 7, 1911, for the term of
years and I've duly qualified as such;
that the popption of the County of Forest
according to Q last census is 8, 435; that
the County ororest constitutes separate
poor district,Aying complied with the Act
of Assembly ,proved June 4, 1879; that
W. II. Brazeirespondent, Is the County
Treasurer of Il Forest county; that under
the Act of Asnbly approved May 10, 1909,
the County Oqmissioners are entitled to a
salary of SSOOr year; that on February
20, 1912, the unity Commissioners gave
orders upon tEounty Treasurer, pa, able
TO each resprslye, for the sum of S6G.67
each, for theirspective salaries for the
month OF j anui 1912. and that the said
County Treasu has refused upon demand
to pay said frss, claiming that the amount
of the ordef sIuld be S25 each as provid-
ed by the n June 13, 1911 The Act of
April II, 5,b entitled "An Act fixing
the saarhid providing for the expenses
of Coun commissioners, in counties of
this Com nhwealth." It is enacted there.
In, that annual salary of each member
of the b, of County Commissioners, in
the sevGounties In this Commonwealth,
shall beoilows: In counties containing
. ten thodl population or less three hun
dIed do The salaries herein fixed
shall benll and in lien of all other com.
pensalpr the services of County Com.
:. missionxcept travelling expenses neces.
2 sarily tied in discharge of their official
duties, her acting as such or as poor
directoriu the performance of any ser
vice, ottr duty imposed upon County
CommiSrs. The Act of May 10, 1909,
= is eutitlAn Act regulating the salaries
= of Cou1ommissioners and their en-
d ployes, said COMMISSIONERS are direct
ors OF thnty poor, in counties of less
"A than seltive thousand inhabitants. 4"
r. This Acbdes that salaries of County
Commiss in counties having a pOpu-
n. lation OF au seventy Ave thousand in
rd when OoCommissioners are, or will
be, the els of the poor shall be as fol-
. lows In les of less than twenty-five
thousand ltiOn, eight hundred dollars
,a per year Act of June l3, 1911, is en-
:" titled, "At 10 amend AN Act. entitled
An Act hhe salaries and providing
:. Tor the eAEbf County Commissioners,
nal In counueS Commonwealth approv-
" ed tue iolh day Of April, Ammo
Domihi onsand nine hundred aud
i've. Ihhmends the Act of 1905
Pa. only III resHhe grades of population,
thus maxim second grade consist of
- count'es haer thirty and under thir
ty-hVe thou' 'hich in the Act of 1905
nu contained orty and under thirty.
'' eight thousaulation. 1t does not
. change tne ife, being counties con-
tainlug ten ID population or less
= Inc Ac' o' fever, omits from the
amendment Is in the Act of 1905,
designating ices renderes, to.wit:
"whether actlch or as moor direct
PA. ors. III our the amendment by
the ACT Oh III Actof 1905, has not
wiped out thel ms of the Act of 1909,
and the Ac' ostill in force and ap-
PA, plies to countii the duties of Conn.
ty Comm'sslouEace ex-oftiGio those
OF poor direcVo'It would soon clear
etor' that by the prof the Act of 1909,
and the Leg sia'u' ed for salaries to
lblic County Commfn counties having
less than seven ousand population.
,a,or IN those cases County Commits
rally slohers are alSo of the county poor
/ the as distinguished dse cases where tbe
will counties do not a separate moor
Dping district and the ora,a,,,, 90 ~
poor does not falhe County Com
missioners. ThIre by the Act of
June l3' lsll' w to exclude from
X Eh. the Act of 1905 5nded. the words
store ,.,,o oo,i,, a 'no "0"'
10 all whether acuns as poor directors.
est TO And we must regxcluslon as in
rk to territorial, and 1t N to be for the
atten- purpose of lesvinthe provision of
) rea' g ,ooo VIZ p0'''''" VI
the ACT oil l'V'' Ni6cally covered
- the salaries OF tno Commissioners
who were acting actors. We are
OHr constrained to hoe Act of 1911
. amending the Actloes not effect
those counties whibraced within
hot tho provisions of 1909 "Alar-
lIol' quetle vs. Berks csnperIor court
". En- 81. therefore, wthe Treasurer
tsr Fit should pay the ord,y the County
rompt- Commissioners for es at the rate
" MIL of $500 per annumI Inv the Act
~ '-N of 1909. Now, Mar a pre emp
tory mandamus is lrected to be
OF the issued against w bounty Treas.
urer. commanding tn to pay the
relators, W. D. n'C. Scowden
GER and IL d. McO 'e.'p Commission.
- ers, the three salu riders dated
February ~ 1917 of s66.67
each payaoie W ply for the
respective sa'"ry ofid County
AWA Commissioners 'ot January,
- l9l2' lhe coS' VI '"s to be paid
..lo by the County of Fof
Japan oA'oH