Opinion
November 26, 1935.
January 6, 1936.
Legislature — Employees — Appointed officers — Constitutional law — Term of office — Act by each house as to own employees — Act of July 1, 1919, P. L. 717.
1. Under the Act of July 1, 1919, P. L. 717, providing for the election and appointment of officers and employees of the General Assembly and fixing their compensation and duties, employees of the House of Representatives, required to return to the next regular biennial session of the Legislature following that for which they were elected or appointed, who are not reëlected or reappointed, are entitled to their regular per diem compensation, except enumerated clerical employees, who are entitled to receive a stated compensation per diem, for ten days or until their successors are elected or appointed and have qualified.
2. Clerical employees of the House of Representatives, elected or appointed under the Act of 1919, are not appointed officers, within the meaning of article VI, section 4, of the Constitution, which provides that appointed officers may be removed at the pleasure of the power by which they shall have been appointed.
3. Under section 10, article III, of the Constitution, which provides that the General Assembly shall prescribe by law the duties and compensation of the officers and employees of each House, and the Act of 1919 enacted pursuant thereto, neither House may abridge the term or the compensation of its employees except as provided by the act.
Argued November 26, 1935.
Before FRAZER, C. J., KEPHART, SCHAFFER, MAXEY, DREW, LINN and BARNES, JJ.
Appeal, No. 10, May T., 1936, by defendant, William P. Gallagher, from order and decree of C. P. Dauphin Co., Commonwealth Docket, 1935, No. 62, in case of Harry Visor et al. v. Charles A. Waters, Treasurer of Commonwealth of Pennsylvania, Frank E. Baldwin, Auditor General, and William P. Gallagher. Judgment affirmed.
Petition for writ of alternative mandamus.
The facts are stated in the opinion of the lower court, by HARGEST, P. J., reported at 41 Dauphin County Reports 219. Decree entered directing the issuing of a mandamus. Defendant Gallagher appealed.
Error assigned, among others, was decree.
Robert L. Myers, Jr., Deputy Attorney General, with him Charles J. Margiotti, Attorney General, for appellant.
Gilbert Nurick and Herman H. Yaffe, for appellees, were not heard.
The judgment in this case is affirmed on the full and comprehensive opinion of the learned President Judge of the lower court, which is printed at length in 41 Dauphin County Reports 219.
Judgment affirmed at appellant's costs.