Maurer v. Brennan
Maurer v. Brennan
Opinion of the Court
Opinion by
This proceeding was instituted under the act of May 31, 1911, known as the School Code. It had for its purpose the production of the minute books, bank, check, time check and cash books, pay rolls, ledgers, note records, order books and all orders paid of the school district of the township of Coal, Northumberland county. The order for their production was made by the court below at the instance of the auditors, and was directed to the secretary, treasurer, and school directors of this district. It required these books, papers, etc., to be delivered to the auditors who were to have their custody until the completion of the audit. When the order was served on the respondents they promptly presented a petition asking for a modification of the order, which was refused. Thereupon the petitioners moved that the respondents be adjudged guilty of contempt. An order to this effect was made subject, however, to an allowance of twelve hours to comply with the decree previously entered. The remedy to compel the production of books, papers, etc., by the auditors of the school district is statutory and will be found in secs. 2609 and 2611 of the Act of May 31, 1911, P. L. 309. Section 2609 provides: “The several auditors herein provided for shall have power and are hereby authorized to issue subpoenas to compel the attendance of school officers .... and to compel the production of
The disposition of the remaining assignments of error is unnecessary to the determination of this matter, but it may be well to express to some extent our views on the questions raised by these assignments. We do not wish to be understood as saying that the auditors would be compelled to audit the accounts of the school district at the office of the directors. The auditors may select such place as to them may be suitable. The act of assembly does not contemplate the surrender of the possession of the books, papers, etc., to the auditors but what it does require, when properly demanded, is that the directors or other officers shall attend the auditors and shall produce to them the books, papers, etc., for the purpose of audit. The school directors are charged with the responsibility of safely keeping these records.
The order of the court below is reversed and the proceedings set aside at the costs of the appellee.
Reference
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- School law—Auditors—Order to produce books—Contempt—Subpoena —Act of May 31,1911, secs. 2609 and 2611, P. L. 809—Act of March 21, 1806, sec. IS, 4 Sm. L. 832. 1. The court of common pleas has no jurisdiction under the School Code of May 31,1911, secs. 2609 and 2611, P. L. 309, to make an order on the secretary, treasurer and school directors of a school district to produce the books and papers of the district to the auditors, if no subpoena has been previously issued by the auditors to produce such papers and books. The remedy provided by the act must be strictly pursued, as directed by the Act of May 21, 1806, sec. 13, 4 Sm. L. 332, which enacts that “in all cases where a remedy is provided or duty enjoined, or anything directed to be done by any act or acts of Assembly of the Commonwealth, the direction of the said acts shall be strictly pursued.” 2. The court of common pleas has no jurisdiction to order the delivery of the papers and books of a school district to the auditors. It can only direct that the papers and books shall be produced by the proper officers of the school district to the auditors. The custody of the books must remain with the school directors.