Opinion
May 18, 1937.
June 25, 1937.
Public officers — Counties — Sheriffs — Compensation — Mileage fees — Act of June 1, 1933, P. L. 1141 — Article XIV, section 5, of the Constitution — Payment of fees into treasury — Words and phrases — Fees.
1. Under Article XIV, section 5, of the Constitution, which provides that all county officers who may be salaried shall pay all fees, which they may be authorized to receive, into the treasury of the county or state, as may be directed by law, the word "fees" is used in its broad and inclusive meaning embracing all emoluments of office.
2. Mileage received by a sheriff of a county of the seventh class in the discharge of his official duties is a fee within the meaning of the constitutional provision.
3. The Act of June 1, 1933, P. L. 1141, which establishes a fee bill for sheriffs in all counties, is unconstitutional to the extent that it provides that a sheriff who is compensated by salary may retain mileage.
4. A sheriff in a county of the seventh class is entitled only to actual expenses and may not retain for his own use money covering the mileage prescribed by the act of 1933, but is required to pay it into the county treasury as the property of the county.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 224, Jan. T., 1937, from judgment of Superior Court, Oct. T., 1936, No. 317, affirming judgment of C. P. Bradford Co., May T., 1936, No. 8, in case of N.E. Benson, Sheriff, v. County of Bradford et al. Judgment affirmed.
Petition for declaratory judgment.
The facts are stated in the opinion of the Superior Court, reported at 125 Pa. Super. 209.
Judgment entered in favor of defendant and against plaintiff, opinion by CULVER, P. J. Plaintiff appealed to Superior Court, which affirmed the judgment of the court below. Appeal by plaintiff to Supreme Court allowed.
Error assigned, among others, was judgment of court below.
Claude L. Roth, with him William H. Rosenfield, William P. Wilson and J. Roy Lilley, for appellant.
Wm. G. Schrier, County Solicitor, for appellees.
Argued May 18, 1937.
Judgment is affirmed on the opinion of Judge BALDRIGE, reported in 125 Pa. Super. 209.