258 Pa. 1 | Pa. | 1917
Opinion by
Relators have appealed from the decree of the Court of Common Pleas of Schuylkill County, sustaining a demurrer and quashing the writ of quo warranto brought to oust defendants from office as members of council of the Borough - of St. Clair. The borough was incorporated by special Act’of April 6, 1850, P. L. 363, and its supplement of April 12, 1867, P. L. 1181, under which the council was composed of nine members, three from each of the three wards into which the borough was divided. Their term of office was three years, and so arranged that one member was elected by each ward annually. The act also provided that members should continue to hold office until their successors were duly appointed, and that vacancies be filled by the remaining members until the next election.
In 1909 Thomas Lawless was elected from the south ward of the borough to serve three years from the first Monday of March of that year. By the provisions of the Act of June 19,1911, Section 5, P. L. 1047, his term was extended to the first Monday of January, 1914. In 1910 Henry Zernholt, one of the relators, wás elected from the same ward to serve a three-year term, which, period, by virtue of the provisions of the Act of 1911, was extended to the first Monday of January, 1914. In 1911 John Quigley was elected for a term of four years, in accordance with the constitutional amendment of 1909, and the
The constitutional amendments of 1909, together with the schedule adopted for carrying their provisions into effect, contemplated general elections being held ii\ even numbered years, and municipal elections in odd numbered years, and extended the terms of office fixed by any act of assembly at an odd number of years, so as to make the period of service an even number of years; and further provided that changes in the duration of official terms made by the législature should thereafter provide for an even number of years’ service. These amendments must be considered as altering the provisions of all acts of the legislature theretofore in force, whether general or special. ' The Acts of 1911 and 1913 were passed to further carry into effect, or put in operation, the constitutional provisions above referred to; the former containing the specific provision that it should apply to every borough in the Commonwealth, whether governed by general or special acts of assembly. The general borough Act of May 14, 1915, P. L. 312, contains a codification of the laws relating to boroughs, including the election of municipal officers. The Borough of St. Clair,' not having accepted the provisions of this act, that legislation cannot be considered in disposing of
Other questions are sought to be raised on tfiis record, especially the legality of the ballot of 1915; but they are not properly before the court, and do not call for decision. The suggestion for the writ is limited to the question above decided. It is true that, in the notes of
The above disposition of the case covers all questions properly raised by the record and necessary for decision, and furnishes a sufficient guide for the borough in the future. It may not be amiss to suggest that an acceptance of the Act of 1915 by the borough would definitely fix all charter rights and tend to prevent recurring litigation after each election.
The judgment is affirmed.