Com. ex rel. Greene v. Gregg
Supreme Court of Pennsylvania
Appeal, No. 15, May T., 1894, by plaintiff, Commonwealth ex rel. Charles S. Greene, prothonotary of the Supreme Court of Pennsylvania for the Eastern District, from order of C. P. Dauphin Co., Jan. T., 1894,-No. 444, refusing mandamus against D. McM. Gregg, auditor general, and J. W. Morrison, state treasurer. Petition for mandamus.
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Appeal, No. 15, May T., 1894, by plaintiff, Commonwealth ex rel. Charles S. Greene, prothonotary of the Supreme Court of Pennsylvania for the Eastern District, from order of C. P. Dauphin Co., Jan. T., 1894,-No. 444, refusing mandamus against D. McM. Gregg, auditor general, and J. W. Morrison, state treasurer. Petition for mandamus. The facts appear by the following opinion of the court below, by Simonton, P. J.: “ The general appropriation act of 1893, P. L. 308, contains th.e following item : ‘ For the payment of the salary of a clerk ip,the office of the prothonotaries of the Supreme Court…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The sole question presented is whether the item of the general appropriation bill of 1893, appropriating a sum “for the payment of the salary of a clerk in the offices of the prothonotaries of the Supreme Court,” etc., is a valid authority to the auditor general and state treasurer to issue and pay warrants for that purpose. The learned court below held that as the compensation of the prothonotary is fixed by the acts of Feb. 22, 1821, and April 2,1868, and no new duties are imposed by the present act, it was a mere gratuity and in violation of the constitution.…
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