249 Pa. 86 | Pa. | 1915
Opinion by
This is a suggestion for a writ of quo warranto to determine the right of T. W. Raudenbush to hold the office of water superintendent of the Borough of Ashland, Schuylkill County. The facts are stated in the opinion filed herewith in Commonwealth v. Krapf, 249 Pa. 81, except that Raudenbush, the defendant, resigned his po
We are of opinion that Raudenbush could not vote for the acceptance of his own resignation which, therefore, never became effective. In 28 Cyc. 337, citing numerous authorities to sustain the text, it is said: There is a general rule of law that no member of a governing body shall' vote on any question involving his own character or conduct, his right as a member, or his pecuniary interest, if that be immediate, particular, and distinct.from the public interest.” A member of a municipal council is disqualified from voting in proceedings involving his personal or pecuniary interest : 20 Am. & Eng. Ency. of Law, (2d Ed.), 1214. We have been referred to no authority and have found none which- permits a member of council to vote for his own resignation. It is against public policy for a representative of a municipality to vote in its legislative body on any matter which affects him individually. Raudenbush’s resignation, therefore, never became effective, and he is still a member de jure of the council so far as his attempted resignation deprives him of the right to exercise the' functions of the office. This was the situation not only when he was elected water superintendent on January 5, 1914, but when he was reelected superintendent after his resignation of the position on February 4,1914. The defendant manifestly doubted the legality of his first election as water superintendent to which a salary is attached, or otherwise he would not have tendered his resignation as such, as he says, “inasmuch as the legality of a councilman voting for himself for water superintendent or any office to which a salary is attached appears to be questioned.” We think he was correct in assuming that he could not legally be elected or hold the office of water
The judgment is reversed, and judgment is now entered in favor of the Commonwealth upon the demurrer; and it is further ordered and adjudged that the defendant; T. W. Raudenbush, be ousted and altogether excluded from his office as water superintendent of the Borough of Ashland, Schuylkill County, and that he pay the costs of this proceeding,