5 Pa. Super. 159 | Pa. Super. Ct. | 1897
Opinion by
By the special Act of April 21,1866, P. L. 1099, it was provided that Cumberland county should not be liable for any fees for the arrest or commitment of any vagrant or intoxicated person.
The Act of May 3, 1878, P. L. 40, changed the fees of the committing magistrate and arresting officer and reduced to 15.00 the penalty to be imposed on the latter in case of refusal to arrest. Later, by the Act of May 19, 1879, P. L. 64, the fees of constables, for all services in and about the arrest and commitment of a vagrant, were fixed at 25 cents. By the Act of May 23, 1893, P. L. 117, the fee of a constable, for arresting a vagrant and taking him before a magistrate, is fixed at 75 cents, and |1.00 is allowed for conveying him to jail, on mittimus or warrant.
It has been repeatedly held, that the latter act repealed all local and general laws prescribing the amounts chargeable by justices and constables as fees, for the services therein mentioned: Fenner v. Luzerne County, 167 Pa. 632; Fraim v. Lancaster County, 171 Pa. 436; Lyons v. Means, 1 Pa. Superior Ct. 608. It is clear, therefore, that if the appellant is entitled to any fees from the county, for his services in connection with the arrest and commitment of the vagrants, mentioned in the case stated, he must be paid at the rates fixed by the act of 1893.
In County of Cumberland v. Boyd et al., 113 Pa. 52, decided in 1886, it was held that the special act of 1866 was repealed by the vagrant act of 1876. This case has not been referred to by the counsel on either side, and probably was overlooked, for the reason that its syllabus fails to call attention to that part of the decision relating to the repeal. An examination, however, of the second assignment of error and the manner in which it and the other assignments were disposed of, in the first sentence of the opinion of the Supreme Court, makes the matter plain.
As to the constitutionality of that part of the act of 1876, which requires fees to be paid out of the county treasury, a question not raised in County of Cumberland v. Boyd, supra, we cannot accept the view which controlled the learned judge of the court below. To “ suppress vagrancy ” tbe law must be enforced; to enforce tbe law tbe proper officers must arrest, try, convict, and commit tbe vagrants, and it is needful- tbat these officers shall be paid for tlieir services. Tbe compensation clause is therefore germane to tbe subject-matter, announced by the title of tbe act; indeed, it may be said to be a necessary detail. The title of the license law of May 13, 1887, P. L. 108, is, “ An act to restrain and regulate tbe sale of vinous, spirituous, malt or brewed liquors or any admixtures thereof.” No mention is made therein of licenses, duties of district attorneys and constables, fees to be paid mercantile appraisers, amounts to be paid for licenses, treasurers’ commissions, penalties to be imposed for perjury by applicants, or for illegal selling, violation of duty by officials, or the like, and yet in Commonwealth v. Sellers, 130 Pa. 32, the Supreme Court say: “ There is not a single section, or clause of any section in the act, that it is not clearly germane to the subject expressed in its title.”
The law being plain, the apprehended unfortunate pecuniary consequences that may result to the public, if officers are allowed fees for doing their duty under the vagrant act, on which the learned counsel for the appellee lays some stress, cannot he permitted to influence our decision. It is not out of place to remark, however, that If the custodians of vagrants will comply with their plain duty, under the act of 1876, by making able-bodied vagabonds, who cause themselves to be committed to
The judgment of the court below is reversed and judgment is now entered in favor of the plaintiff, and against the defendant, for 18.75, the amount mentioned in the first of the several stipulations, relating to judgment, contained in the case stated.