60 Pa. Super. 183 | Pa. Super. Ct. | 1915
Opinion by
The plaintiff in this bill in. equity is the owner of taxable real estate and a taxpayer in the defendant school district. The defendants are, and for a number .of years have , been, members of the board of school directors of the district, one being treasurer and another secretary. The disputed averments of the bill, so far as material in this appeal, are substantially as follows.: that the defendants entered into, an unlawful arrangement pursuant to which the treasurer and secretary divided their compensation, fixed by the board of directors, with the members of the board, who, under the law, are entitled to no compensation; that the plaintiff apprehends the defendants, unless restrained, will use their votes and power as members to renew and continue the said unlawful practice; that the school district and taxpayers are in danger of irreparable injury and are without adequate remedy at law. The bill prays that the defendants make full answer; that they be directed to pay into the treasury of the school district all moneys found to have been improperly received by them; that the defendants who are still members be restrained from repeating or continuing the said illegal practice; general relief.
The answer admits the fixing of the treasurer’s and secretary’s compensation, but avers that it was the same as it had been for many years; it denies that any arrangement, lawful or unlawful, was made whereby the compensation of these officers, or either of them, was divided with the remaining directors; it denies that it was divided; and it denies that the defendants will use their votes and power improperly, and that there is any danger of irreparable injury to the district or taxpayers.
. Replication having been filed, the case was tried in accordance with the rules of equity practice, and was regularly proceeded with to final decree dismissing the bill at the costs of the individual defendants. Thereupon the plaintiff took this appeal.
Two general questions are presented: first, should the money received from the secretary and treasurer by the other directors be accounted for and paid into the treasury of the school district; second, should continuance of the practice described in the findings be restrained?
. First, in the absence of allegation in the bill, and proof that the compensation allowed and paid these officers was excessive, no trust attached to it, or any part of it, unless it was fixed and paid pursuant to the unlawful arrangement alleged in the bill. As this allegation of the bill was denied in the answer, whether the compensation was fixed and paid, and subsequently, part of it came into the hands of the other directors pursuant to such prior unlawful arrangement, was a question partly of fact and partly of law. So far as the law is concerned, the question is free from doubt. “Public office is a public trust; the sanctity of public property is essential to its due administration; and necessarily implies a remedy for every diversion from legitimate use. Allegheny County v. Grier, 179 Pa. 639. It is clear that a plan, scheme, arrangement, or agreement adopted or entered into by school directors — no matter how ingeniously. devised, or how many or how intricate the processes it contemplates for its complete, fulfillment — r pursuant to which money is to be drawn out of. the school treasury, under the guise of compensation to. the secretary or treasurer, with the ultimate purpose in view of sharing it with the. directors who appoint those officers, is unlawful; that the consummation of. such plan, scheme, arrangement, or agreement is a diversion of the public funds to an unlawful use; and that a court of equity has full power to compel the recipients to account for and return it to the school treasury., “It is also clear that a promise to a particular effect may be
The decree is reversed, and an injunction is awarded as prayed for in the bill to restrain the remaining directors from repeating or continuing the practice mentioned in the learned judge’s third finding of fact. It is further ordered that the costs in the court below and here be paid by the individual defendants.