Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1914-10-19
q. w. NORRIS WOULD
FIGHT MOVE TO GUST


dictatorship in national bank, but COM
mon sense and law often do not travel
the same road Mr.. Norris will remain
Director Of the Department of Wharves'
Docks and Ferries under the Blankenburg
administration and he will continue his
most useful work in that department
The City Solicitor in his latest state
ment, like the knight errant goes up
the hill and down again His iterations
and reiterations cannot deceive anybody,
not even himself"
Attorney General Bell asked to give an
expression as the law officer of the Com
monwealth, contentcd himself with the
reply that 1t all was very interesting
city Solicitor Ryan's opinion was given
in response to a request of a resolution
adopted by Councils on October 10, to in
form that body as to the legal right OF
Mr.. Norris to hold both offices. The opin-
ion was sent to william II. FELTON,, chief
clerk of Common Councils.
SAYS CONSTITUTION COVERS CASE.
Mr.. Ryan said that as the position Of
director in the Federal Reserve Bank was
not salaried one the Bullitt bill was not
violated, and he quoted the section which
would deal with the subject as follows:
Article XIV Of the Act OF June /. 1885;
No person shall hold more than one office OF
profit in any city department, and no person
shall hold any office Of profit under this city
o. any department thereof while holding any
other official or representative position of
profit in under the Government Of the United
states, of this Commonwealth, Of such
city, except in the militia service OF this
Commonwealth.
But the second section of article MI
of the Constitution Of Pennsylvania fully
covered the case in Mr.. Ryan's opinion
This section reads as follows:
" No member Of Congress from this state, nor
any person holding or exercising, any office or
appointment Of trust or profit under the United
States shall, at the same time, hold or eNer-
fees or peraustes m S sbo be attashed The Cen
etal Assembly may by law declare what Of
fees are incompa tlble
so far as concerns the requirements OF
the Bullitt bill alone said Mr.. Ryan,
the incompatibility Of any Office of the
city or any department thereof, with an
! office or position under the Government
of the United states is thus limited, so
that the latter must be position of
| profit; and, therefore, one holding posi-
tion under the Government of the United
States which is not position of profit
would not violate this act by continuing
| to occupy an office of profit under the
city government.
| 'Tho provision OF the Constitution,
| however, is different and it extends to
any office or appointment of trust or
profit under the United States, the hold
Ing and exercising of any office or APP
! pointment being forbidden to any one
at the same time holding or exercising
any Office in this State to which a salary,
fee or perquisites shall be attached. This
is followed by the clause: The General
| Assembly may by law declare what offices
are Incompatible
"If the latter provision were the con-
| trolling one, it would be clear that by rea-
son of the Bullitt bill an office or ap-
| pOintment under the United States to
| which no salary or emolument is at
| tached would not be incompatible with a
! salaried office under the municipal gov
ernment: and such was held to be the
| law In the case of Hanover Township
Treasurer, Kup, 9S,
IS CITY JOB A STATE JOB?
THE Supreme Court of Pennsylvania,
however, in interpreting this section of
the Constitution. adopted a different view
| In the case of De Turk VS.. Common
wealth, 129 Pa, 152, in which it was held
that, notwithstanding the last sentence of
the constitutional provision, certain Fed
cral and State offices. though not des-
| ignated in any Of the acts of Assembly
declaring incompatibility of office, never
theless were incompatible by virtue of
| the second section of article XII of the
| Constitution. which was regarded by that
| tribunal as laying down a fixed rule of
| law independent OF any statutory enact |
ment upon the subject
| mo act of Assembly declares the office |
of Director of the Department Of !
WharVnS Docks
BILE with the position of a director of |
Federal Reserve Bank in Glass C; never |
theless. II the two come within the |
meaning of the first sentence of this sec |
ton of the Constitution. It cannot he |
held contemporaneously by the Same
person.
THAT the constitutional provision in
question relates to municipal as well as
state offices follows from the decision of |
the Supreme Court of this State in tho
cases of Houseman VS.. Commonwealth
loO "a. 22; Richie vs.. Philadelphia, 22j
IA oil and various other decisions The
office OF Director of the Department of
Wharves. Docks and Ferries, therefore
Is an office In this State to which a |
salary, fees or perquisites' are attached |
within the constitutional meaning and,
II the position OF class c director of a |
n
pointment of trust or profit under the
United States within the sense OF the
Constitution. the two positions are in.
compatible"
CALLS POSITIONS INCOMPATIBLE
In HIS summing up of the case Mr..
Ryan concludes:
What. then, is the status Of an in
cumbent of tho Office of Director of the
Department OF Wharves, Docks and Fer
ries who has accepted and is occupying
such an appointment in a Federal Re.
serve bank at the hands OF the Federal
Reserve Board7 In the case OF DeTurk
VS. Commonwealth. already referred to.
the proposition is stated by the court that
the acceptance OF a second incompatible
office constitutes an implied resignation
OF the fiTst office.
From this It would appear that the
acceptance Of the second of two incom-
patible ofices amounts to a resignation |
or abandonment Of the first of such
offices, and that, while the title to the
second ofice is not affected by the pre-
yious occupancy OF the first. the latter
that is TO say, the first office-Is thereby
vapated