Commonwealth v. Moore
Commonwealth v. Moore
Opinion of the Court
Opinion by
The appellants are registration commissioners of the City of Pittsburgh appointed by the governor July 16, 1916, for a term of four years under the provisions of the Act of 1913, P. L. 977. The act fixed the salary of such officers at $2,000 per year. By an amendment enacted in 1917, P. L. 1108, the salary was increased to $3,000 per annum. The question for consideration is whether the appellants are public officers within the meaning of Section 13 of Article III of the Constitution which prohibits the increase of salaries of public officers during their term of office. The learned judge of the court below being of the opinion that they were such public officers overruled the demurrer of the relators to the writ of the respondent and entered judgment in favor of the latter. It is contended by the appellants that the provision of the Constitution referred to does not apply to legislative officers created since the adoption of the Constitution, and that the legislature is given full power to increase the compensation of such officers, by the amendment of 1901 to the Constitution. It was
The amendment of 1901 of the Constitution authorizing a change in the qualification of electors had no relation to the subject of compensation or of the power of the legislature to increase or diminish it. It only authorized the legislature to enact laws regulating the registration of electors in cities.
The judgment is affirmed.
Reference
- Full Case Name
- Commonwealth ex rel. v. Moore
- Cited By
- 8 cases
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- Syllabus
- Public officers — Increase of salary — Constitutional officers — Registration commissioners. 1. Registration commissioners of cities of the second class are public officers, within the meaning of Section 13, Article III, of the Constitution of Pennsylvania, which prohibits the increase of salaries of public officers during their term of office. Such officers are not entitled to the benefit of the Act of July 19, 1917, P. L. 1108, which increases the salaries of registration commissioners in the cities of the second class. 2. Where the'duties of the office are to be exercised for the benefit of the public, for a stipulated compensation, to be paid by the public, where the term is defined and the tenure certain, and where the powers, duties and emoluments, become vested in a successor when the office becomes vacant, it can confidently be affirmed that the occupant of the place is a public officer, within the meaning of the Constitution. Constitutional law — Amendment of 1901 — Registration commissioners. The amendment of 1901 of the Constitution, authorizing a change in the qualification of electors had no relation to the subject of compensation, or the power of the legislature to increase or diminish it. It only authorized the legislature to enact laws, regulating the registration of electors in cities.