McKinney v. County of Northumberland
McKinney v. County of Northumberland
Opinion of the Court
Opinion by
In November, 1915, P. Joseph Schmidt was duly elected as one of the county commissioners of Northumberland County, to serve for a period of four years from the first Monday of January, 1916. In December, 1918, Schmidt died and S. H. McKinney, the plaintiff, was appointed by the court to fill Schmidt’s unexpired term, to serve until the first Monday in January, 1920. When Schmidt was elected the salary of the office was $1,800 per annum. Under the Act of June 7, 1917, P. L. 570, the salary was raised to $2,500 per annum. Was McKinney entitled to the former or the latter salary? Article III, Sec. 13 of the Constitution provides that, “No law shall extend the term of any public officer, or increase or diminish his salary or emoluments, after his election or appointment.” It will be observed that the subject of this section is, “Public Officer.” The term shall not be extended for any public officer nor shall his salary be increased or diminished after the election or appointment The words are plain and the test to be applied is evident. If the salary be increased or diminished after his election or appointment, the prohibition of the section applies. The language being plain we are not aided by any
We think the learned trial judge was right in the conclusion reached.
The judgment is affirmed.
Reference
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- Constitutional law — County commissioners — Increase ‘of salwi'y —Appointee to fill vacancy — Right to increase salary. An appointee, appointed to fill a vacancy created by death in the office of county commissioner, is entitled to the salary provided in the act of assembly in force at the time of his appointment Article III, section 13, of the Constitution of Pennsylvania, which provides that no law shall increase or decrease the salary of any public officer during his term of office, does not operate to prevent such appointee from receiving the salary provided in the act in force at the time of his appointment, even although the former incumbent was not entitled to receive .that salary.