Pennsylvania County Court Reports Volume 46

Pennsylvania County Court Reports Volume 46

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...the force the chief and other officers who... shall remain as such officers until their successors be duly designated and qualified." By Art. vrr, Sec. 2. it is provided that the council shall "designate" one councilman to act as superintendent of each of four departments, "but such designations shall be changed whenever it appears that the public service would be benefited thereby." It positively appears that the word "desig'nate" as used in the act of 1913. is not in the ordinary sense appoint. but as describing an assignment to the performance of certain duties, and it follows that persons receive appointments in the police depart Commonwealth ex rel. v. Morrison. ment and afterwards those who shall perform certain specific duties are designated. Keeping this in mind, what is meant by the act of 1917 as to persons holding appointments in said police department? Evidently that they shall continue to hold the place to which they were appointed. Under the act of 1913 the council had the powers of appointment and dismissal. The act of 1917 does not take away either power but describes the manner of its exercise, and if this act be construed so that it shall not interfere with the designation of duties the difficulty of actual operation of 4 is reduced to a minimum and there is no conflict between 5 and the act of 1913. At the outset this court was much perplexed by an apparent conflict of these laws and the results bound to arise from the act of 1917 being construed as compelling each place to be filled in the manner which we at first thought was that stated in 4, some of the consequences of which have been heretofore indicated. But a careful study of this law brings conviction...show more

Product details

  • Paperback | 322 pages
  • 189 x 246 x 17mm | 576g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236754476
  • 9781236754479