Apple v. Crawford Co.

• Decision Date: 18 February 1884
• Citation: 105 Pa. 300
• Parties: Apple <I>versus</I> County of Crawford.
• Court: Pennsylvania Supreme Court

105 Pa. 300

Apple versus County of Crawford.

Supreme Court of Pennsylvania.

February 6, 1884.

February 18, 1884.

February 6, 1884.

Before MERCUR, C. J., GORDON, PAXSON, TRUNKEY, STERRETT, GREEN, and CLARK, JJ.

ERROR to the Court of Common Pleas of Crawford county: Of January Term, 1883, No. 334 W. R. Bole, (with whom was H. L. Richmond, Jr.,) for the plaintiff in error.—The price fixed by law, at the time the plaintiff became the sheriff of Crawford county, for the discharge of his various official duties, including the boarding of prisoners confined in the jail, was, we contend, the salary and emoluments, that he was entitled to receive during his term. This compensation, however made up, constituted his salary and the emoluments of his office, and cannot be increased or diminished during his term of office: Const. of Pa., Art. III, § 13.

James W. Smith, for defendant in error.—The allowance for board of prisoners in county jails is no part of the salary or emolument of the sheriff, within the meaning of Sec. 13 of Article III. of the Constitution. First, because the sheriff is merely an agent to disburse county funds in boarding the prisoners, and is allowed no profit therefrom. Second, because the words of the prohibition of the constitution do not necessarily or ordinarily embrace the subject matter for which they are invoked by the plaintiff in error; and lastly, because the legislature has construed the constitutional clause in question as inapplicable to the allowance for board of prisoners. The legislature has power to abolish an office during the term of the holder. Donohugh v. Roberts, 11 W. N. C., 186. It is certainly no greater exercise of legislative power to diminish the allowance to be paid the sheriff for the boarding of prisoners during his term.

Mr. Justice GREEN delivered the opinion of the court, February 18, 1884.

The plaintiff, Apple, was elected sheriff of Crawford county in November, 1878, and entered upon the duties of his office on the 6th of January, 1879. He served his full term of three years, 1879, 1880 and 1881, performing the duties of his office during the entire period. It was one of the duties of his office to board the prisoners of the county. The compensation to be paid for the performance of this duty was regulated from time to time by Acts of Assembly passed for that purpose. Thus by Act of 11th April, 1856, P. L., 314, it was enacted that the compensation should be fixed by the Court of Quarter Sessions of the respective counties. By the Act of 5th March, 1858, P. L., 70, the Act of 1856 was repealed as to the counties of Erie and Crawford, and it was provided that the compensation should be fixed by a majority of the judges of the Court of Quarter Sessions, provided it should not exceed two dollars and fifty cents per week. By Act of 8th April, 1867, P. L., 909, it was enacted that from and after the passage of this Act the county commissioners of Crawford county shall pay to the sheriff of said county the sum of fifty cents per day for boarding each prisoner or other person confined in the jail of said county. This was the law in force when Sheriff Apple was elected, and under it he was paid according to its terms for the boarding of...