Copelin v. Harrisburg Board of School Directors
Copelin v. Harrisburg Board of School Directors
Opinion of the Court
Opinion by
The learned court below decided this case on the authority of Copelin v. School Directors, 215 Pa. 359, and under the circumstances we can understand why it felt constrained to do so. Both cases were between the same parties and involved the same subject matter. The error, if it can be so regarded, was in adhering too closely to the line of reasoning upon which the former decision was based without giving due consideration to the changed conditions. When the case was here before it was regarded as a very close one, and it was affirmed, because, under the legislation then existing, it was
Our conclusion is that the appellant, city treasurer, is the proper officer to collect school taxes levied by the school board of the district of the City of Harrisburg under the Act of 1911. It is but fair to say that the learned court below no doubt felt bound by the former case decided seven years ago, and under the circumstances this position cannot be fairly criticised. But as we have hereinbefore indicated, the situation is entirely changed, and this-fact was not given due consideration. To our mind it is controlling and makes it necessary to reverse the judgment.
Judgment reversed, demurrer sustained, alternative-writ of mandamus reinstated and record remitted with leave to appellant to ask for a peremptory mandamus if necessary.
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- School law — School code — Act of May 18, 1911, P. L. 809 — Collector of school taxes — Cities of the third class — City treasurer— A ct of June 20,1901, Section 8, P. L. 578 — Construction. 1. The School Code of May 18, 1911, P. L. 309, does not provide for the election of collectors of school taxes; it was the plain intention of the legislature to leave undisturbed former acts which provided for the election of tax collectors by the people. 2. The Act of June 20, 1901, P. L. 578, providing that the city treasurer in cities of the third class, by virtue of his office shall be collector of the school taxes therefor, is of general application and was intended to provide a uniform system for the collection of such taxes in cities of the third class. 3. Section 8, of such act, declaring that the school taxes to be collected under the act are the school taxes only which are levied by the boards of school controllers, organized under the Act of May 23, 1874, P. L. 230, was intended to place limitations upon the operation of the act merely for the purpose of meeting certain local conditions growing out of then existing legislation not general in character. 4. By the Act of May 18, 1911, P. L. 309, the legislation which resulted in Such conditions was repealed, and a new and complete system for the regulation and maintenance of the public schools was provided, so that section 8 of the Act of 1901, is no longer of any binding effect. 5. Where prior to the passage of the Act of May 18, 1911, P. L. 309, it had been adjudged that section 8 of the Act of June 20, 1901, excluded from the operation of the other sections of the act a school district comprising a city of the third class, organized prior to the Act of May 23, 1874, P. L. 230, so that the city treasurer of such city was -not entitled to collect the school taxes for such school district, the court erred, subsequent to the enactment of the school code, in failing to recognize that the conditions intended to be met by section 8 of the-Act of June 20, 1901, no longer existed, and in mandamus proceedings instituted by the city treasurer of a city of the third class to compel the board of directors of the school district to turn over to him the duplicates of tax bills for school purposes, and warrants authorizing him to collect such taxes, judgment should have been' given for the plaintiff. Copelin v. School Directors, 215 Pa. 359, distinguished and explained.