245 Pa. 406 | Pa. | 1914
Opinion by
This bill was filed by a taxpayer to restrain the de
Another question has been raised, and being important to the orderly administration of the work of the Health Department, it should be decided. When and how does the Act of 1913 go into operation and become effective? How shall the Division of Housing and Sanitation be organized and by whom? Who shall determine the number of inspectors to be appointed and the salaries to be paid? On these-most important questions the
The second section provides for a chief of division, an assistant chief, and not less than four supervising inspectors, and not less than one hundred other inspectors. The act does fix a minimum salary for the chief of division, but nothing is provided as to the salaries of other employees, the number of inspectors and the power of appointment, except that the director, with the approval of city councils, shall have the power to add such additional clerks, stenographers, typewriters and messengers as may be necessary to conduct the business of the division thus created. The only power conferred by the act upon the director in connection with fixing the number of employees in his department is that which relates to the statistician, clerks, stenographers, messengers, and even then he cannot act without the approval of city councils. The plain inference is that as to all other employees city councils must take the initiative by determining the number of inspectors to be employed and fixing the salaries to be paid. So far as this record discloses city councils have not acted and we can see no escape from the conclusion that by reason of this failure to act there has been no organization of a Division of Housing and Sanitation under the Act of 1913. Under these circumstances, it is most pertinent to inquire, how and when does the Act of 1913 supersede the old law? We
Nothing further need be said as to the legal questions in controversy between the parties here, but it is proper to suggest to all parties concerned that it is high time to get the matters adjusted without further delay so that worthy employees may receive their salaries promptly. Until an organization of the division under the new law has been effected and put in operation, the employees under the old law should continue to servé and receive their salaries under the appropriation made in the ordinance of December 31, 1913. The uncertainty as to the law under which their services are rendered should no longer exist.
In an additional brief filed with leave of court several constitutional questions have been raised, but we have concluded that these questions cannot properly be disposed of in the present proceeding. The objections insisted upon are not sufficient to have the act as a whole declared invalid, and if it be deemed expedient to have these questions raised at a subsequent time it may be done in a proper proceeding in which the precise questions are involved.
Decree affirmed. Costs to be paid by the city.