Com. ex rel. Attorney General v. Samuels
Supreme Court of Pennsylvania
Appeal, No. 40, July T., 1894, by •defendants, from judgment of C. P. Schuylkill Co., May T., 1894, No. 13, on quo warranto. Quo warranto to oust respondents from office of county auditors. Before Weidman, J. From the record it appeared that Thomas E. Samuels, Emanuel Jenkyn and John E. Doyle were elected auditors of Schuylkill county on Nov. 7,1893, for a full term of three years.
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Appeal, No. 40, July T., 1894, by •defendants, from judgment of C. P. Schuylkill Co., May T., 1894, No. 13, on quo warranto. Quo warranto to oust respondents from office of county auditors. Before Weidman, J. From the record it appeared that Thomas E. Samuels, Emanuel Jenkyn and John E. Doyle were elected auditors of Schuylkill county on Nov. 7,1893, for a full term of three years. The census of 1890 shows Schuylkill county to have a population of 154,163. The act of June 8, 1893, P. L. 393, has for its title “ An act creating the office of county controller in counties containing 150,000…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The act of June 8, 1893, P. L. 393, while it does not in express terms abolish the office of county auditors in counties having more than one hundred and fifty thousand inhabitants, does so in effect by transferring their duties and powers to a county controller. This is the manifest intent of the act, as gathered from all its provisions, and as especially indicated in section one which directs the election of a controller “in place of-county auditor,” and section fifteen which expressly directs how the duties theretofore devolved on the county auditors shall…
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