Legal Opinion

DeTurk v. Commonwealth

Supreme Court of Pennsylvania

Decided November 12, 1889No. 276PublishedCited by 31 opinions

ERROR TO THE COURT OE COMMON PLEAS OE SCHUYLKILL COUNTY. No. 276 January Term 1889, Sup. Ct.; court below, No. 274 November Term 1888, C. P. On October 24, 1888, W. J. Wbitebouse, district attorney, filed bis suggestion and relation averring, in substance: That on November 8, 1887, Samuel G. DeTurk was elected to the office of county commissioner, to which office a salary of $2.50 per day was attached by law; that be gave bond and entered upon tbe duties of said office and…

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ERROR TO THE COURT OE COMMON PLEAS OE SCHUYLKILL COUNTY. No. 276 January Term 1889, Sup. Ct.; court below, No. 274 November Term 1888, C. P. On October 24, 1888, W. J. Wbitebouse, district attorney, filed bis suggestion and relation averring, in substance: That on November 8, 1887, Samuel G. DeTurk was elected to the office of county commissioner, to which office a salary of $2.50 per day was attached by law; that be gave bond and entered upon tbe duties of said office and tbe receipt of the salary thereof; that at tbe time of his said election, and at tbe time of bis entry upon tbe duties of…

1Opinion of the Court

Opinion,

Me. Justice McCollum:

Section 2 of article XII. of the constitution of Pennsylvania provides that “ no member of congress from this state, nor any person holding or exercising any office or appointment of trust or profit under the United States, shall, at the same time, hold or exercise any office in this state to which a salary, fees, or perquisites shall be attached. The general assembly may, by law, declare what offices are incompatible.”

Samuel G. DeTurk was on November 8, 1887, duly elected a commissioner of Schuylkill county, and on the first Monday of the following January…

2Cases cited2 opinions

  1. Commonwealth v. PyleSupreme Court of Pennsylvania · 1852
  2. Commonwealth ex rel. Olwine v. FordSupreme Court of Pennsylvania · 1846

3Cited by31 opinions

  1. Olsen v. StateWyoming Supreme Court · 2003
  2. Commonwealth Ex Rel. v. SnyderSupreme Court of Pennsylvania · 1928
  3. Ex Parte CainSupreme Court of Oklahoma · 1908
  4. Hoy v. State, ex rel. BuchananIndiana Supreme Court · 1907
  5. Bishop v. State ex rel. GrinerIndiana Supreme Court · 1898

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