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" Bsunsylvania State. Library X DOCUMENTS SECTION

County Government and

Archives

IN

Pennsylvania

I

County Government Organization in Pennsylvania

The Pennsylvania county provides an interesting subject for a study of local government. Its system is peculiar, representing as it does neither the full county administration of the South nor the New England town- ship system. In Pennsylvania there is no complete power in the county nor in the township. An attempt is made at a partition of powers. The municipal subdivision is not represented on the governing board of the county, yet it participates in road and bridge construction. It may levy taxes, yet this levy must be made on the basis of the last adjusted county assessment. The county unit leads and regulates ; the municipal subdivision participates.

Legal Status of the County. The position of the Pennsylvania county in the framework of the State’s political institutions has never been clearly defined. It may best be described as a quasi-corporation, which derives its power from legislative authorization and has no inherent right of self- government.1 Its municipal subdivisions, its cities, boroughs, towns, and townships, serve as convenient areas for the conduct of the county’s busi- ness. An additional governmental arm, operating within the county, is the school district, organized on municipal lines.2

The county is granted the power to preserve order and to administer laws relating to taxation, for which purpose it utilizes the municipalities. It must supervise the conduct of elections, construct public works, super- vise institutional relief, and keep records of many matters relating to the administration of county government.

The county and its subdivisions have always formed an integral part of the State judiciary system. Originally the county performed only one ad- ministrative function for the State, that of collecting State taxes levied within the county. In recent years, however, the role of the county as an

1 Van Kirk v. Clark and Graham, 16 S. and R. 286 (1827) ; Kittanning Academy v. Brown, 41 Pa. 269 (1862) ; Lawrence County v. Leonard, 83 Pa. 206 (1876) ; McKean County v. W. A. Young, Commissioner of the county of McKean, Appellant, II Super. 481 (1899).

2 Pennsylvania Local Government Commission, First Report to the General Assembly of 1937, p. 11.

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COUNTY GOVERNMENT

agent of the State has been extended to the fields of education, public assistance, health, and the compilation of vital statistics. In all of these in- stances the functions belong to the State, the county being utilized primarily as a convenient geographic area. The county, cooperating with the State, is similarly used by the Federal Government in carrying out the child wel- fare provisions of the Social Security Act and in administering agricultural extension services.3

The General Assembly may not establish a new county if such an act would reduce the area of any existing county to less than four hundred square miles and less than twenty thousand inhabitants,4 nor may it pass special legislation for individual counties.5 Prior to the adoption of the Constitution of 1874 there were many local laws enacted for particular counties. Many of these older laws are still in effect because the constitu- tional prohibition did not operate to repeal existing local laws. For many years this situation augmented legislative problems since different laws are needed for a county like Forest with a population of little more than 5,000 and a county like Philadelphia with a population of almost two million. The General Assembly attempted to remedy this defect by classifying the counties according to population and enacting legislation for all counties in a given class. In 1919 all the 67 counties were divided into 8 classes,6 and in 1923 a constitutional amendment was passed confirming this classi- fication.7 Today, whenever a law relating to counties is passed, it applies either to all the counties or to a group of counties within a certain class. Counties of the first class are those having a population of 1,500,000 or more. Those having a population less than this but over 800,000 are desig- nated counties of the second class. Counties of the third class are those having a population of 250,000 or more but less than 800,000 inhabitants. Counties of the fourth class range from 150,000 to 250,000 inhabitants; those of the fifth class from 100,000 to 150,000; those of the sixth class from 50,000 to 100,000; those of the seventh class from 20,000 to 50,000; and those having less than 20,000 constitute counties of the eighth class. Philadelphia and Allegheny counties are the only counties belonging to the first and second classes respectively.8 A county advances or recedes from

3 1935, 49 U. S. Stat. 620, ch. 531.

4 Const., art. XIII.

6 Ibid., art. Ill, sec. 7; Jacob Tanger and Harold F. Alderfer, Pennsylvania Govern- ment, State and Local, pp. 189, 190.

0 1919 P.L. 887 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 31.

7 Const., art. Ill, sec. 34 as am. 1923.

* Pennsylvania Manual, 1937, p. 1145.

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one class to another automatically as its population grows or falls, as de- termined by the last preceding decennial census of the United States.9

The Constitution of 1874 further provides that taxes be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. The General Assembly may exempt from taxation public places used for public purposes, places of burial not held for private or corporate profit, charitable institutions, churches, and property owned by military organizations.10 Neither municipalities nor counties may incur debts in excess of 7 percent of the assessed valuation of the taxable prop- erty therein.* 11

Structural Development of County Government. Many of the present practices in Pennsylvania county government may be traced to British in- stitutions of the Tudor and Stuart periods which were brought to America by the early English settlers. With the exception of a single year of Dutch dominion, the area later known as Pennsylvania was operated under the Duke of York’s laws from 1664 to 1681. 12 It was divided into ridings, towns, and parishes, the town or parish constituting the principal unit of local government. The riding was an aggregate of towns and parishes and though not a political factor, served as a division between the town and the province, with the high sheriff as its chief officer. A constable and board of overseers, at first eight in number, later four, managed the affairs of the town or parish.

Each town had a court, with its own officers, as well as other town officers, who were selected directly by the people. The Governor selected the sheriff annually from three nominees of the justices sitting in the last sessions. The constable served for 1 year and the overseers for 2 years. One-half of the overseers retired each year. The legislative body was com- posed of the constables and overseers, who were also ex officio church wardens, and in this capacity served as the moral guardians of the parish. The court of sessions was a court of appeals in all judicial proceedings

0 1919 P.L. 887 sec. 2 rep. 1929 P.L. 1278 sec. 1501 but reen. in sec. 32 am. 1931 P.L. 401 sec. 1.

10 Const., art. IX, sec. 1 as am. 1923.

11 Const., art. IX, sec. 8 as am. 1920.

12 The Duke of York’s Laws were extended to the valley of the Delaware in 1676 by proclamation of Governor Edmond Andros, in Charter to William Penn and Laws of the Province of Pennsylvania, Passed betiueen the Years 1682 and 1700, Preceded by the Duke of York’s Laws in Force from the Year i6j6 to the Year 1682, p. 455, hereinafter cited as Charter to William Penn.

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and could disallow by judicial negation the legislative acts of the constables and overseers.13 This court had both civil and criminal jurisdiction; a clerk was appointed to keep its records in English.14 The same court was instructed to care for the estates of orphans.15 The clerk of this court was required, in addition to his regular duties, to record all conveyances of real estate.18

The two taxes known as the public charge and the town rate constituted the sole administrative income of the local governmental unit. They were levied and collected according to the following procedure: The sheriff of the riding issued a “precept.” The constables and overseers then made out a list of taxable persons and appraised all property. This list was returned to the sheriff who certified it to the Governor after examining it. Indi- vidual complaints could be made to the court of sessions. Constables col- lected the taxes.17

During this period the poor were considered not a civil but rather an ecclesiastical responsibility. The church wardens were charged with the care of the needy and helpless. In 1664 the Duke of York’s Laws recog- nized the necessity for further aid to the needy and the responsibility of each town in connection with its needy inhabitants. As a result provision was made for discretionary aid on the part of the riding in helping its towns by contributions to meet this problem.18 One year later this aid was made mandatory.19

The first provisions for standard weights and measures were made under the Duke of York when the high constable in each riding was ordered to provide sealed and uniform standards and to see that the constables and overseers of each town provided like weights and measures.20 Under an order made at the General Court of Assizes the King’s standards of orig-

13 Elgin R. L. Gould, Local Government in Pennsylvania, I, 21-23.

14 George E. Howard, An Introduction to the Local Constitutional History of the United States, I, 370. The existence of this officer under the Duke of York is evidenced in Charter to William Penn, pp. 12, 13, 24, 26, 33, 44, 73.

16 Duke of York’s Laws in Charter to William Penn, pp. 5, 6. For full discussion of this jurisdiction and its development, see section on judiciary infra.

10 Duke of York’s Laws in Charter to William Penn, pp. 23, 26, 62, 66.

Ibid.

1,1 Duke of York’s Laws in Charter to William Penn, p. 58.

10 Ibid., p. 64.

'“Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, p. 51.

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inal weights and measures for the Exchequer were ordered to be used.21 This provision was reiterated 3 years later.22

Justices’ courts were introduced by proclamation of Governor Andros in 1673 in Upland, Whorekill, and New Castle, along the Delaware. These courts had legislative as well as judicial powers. They could levy taxes for local administration, determine matters of 20 pounds or less without ap- peal, adjudicate criminal matters, and appoint overseers of highways and viewers of fences for the better management of roads and bridges.23

Between the time of William Penn’s charter in 1682 and the Revolution the foundations of county government were laid and the county replaced the town in importance. Penn introduced several organic laws which were the foundation of Pennsylvania proprietary government : the Laws Agreed upon in England, the frames of government of 1682, 1683, and 1696, and the Charter of Privileges of 1701. With the exception of several minor provisions the frames of government of 1682 and 1683 were practically the same. The only basic differences were in respect to the number of members of the Assembly and Provincial Council and the provision that the Council and Assembly should constitute the General Assembly instead of the Assembly alone.24 By the charter of 1701 an elective council was wholly done away with. In spite of this fact the governors afterwards ap- pointed councils to assist them in the performance of their duties. The Assembly was to consist of four persons elected from each county, to judge the qualifications of its own members, appoint committees, prepare and pass bills, redress grievances, and impeach criminals.25

Under the Frame of Government of 1682, the Provincial Council was annually to nominate twice the number of persons required to serve as judges, treasurers, and masters of the rolls, and the freemen were to nominate annually a double number of persons to serve as sheriffs, jus- tices of the peace, and coroners, all of whose names were to be presented to the Governor, who appointed and commissioned the proper number for

21 Orders made at the General Court of Assizes, October 24, 1672, in Charter to William Penn, p. 73.

22 Orders made at the General Court of Assizes, October 27, 1675, in Charter to William Penn, p. 75.

"3 Duke of York’s Laws in Charter to William Penn, p. 25; Lawrence Lewis, Jr., “The Courts of Pennsylvania in the Seventeenth Century,” The Pennsylvania Maga- zine of History and Biography, V (1881), 143.

Frank M. Eastman, Courts and Lawyers of Pennsylvania, A History, 1623-1923,

I, 81.

“ Eastman, op. cit., I, 179.

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each office.28 This provision was repeated in the Frame of Government in 1683. 27 Under the Charter of Privileges of 1701 the manner of selec- tion of sheriff and coroner remained the same but their term was extended to 3 years.28 During this period the sheriff drew the grand jury.29 The grand jury, or grand inquest, as it was first designated, was an Anglo- Saxon institution which was considered so vital that it was incorporated in the Laws Agreed upon in England.30

While the courts, the members of which were appointed by the Provincial Council,31 retained a large part of their power over county administration under the proprietary, they began to lose it to new county offices which were created from time to time. The county court of general sessions levied county taxes,32 supervised the erection of buildings 33 and the laying out of roads,34 and took care of the poor.35 The courts further began to ap- point viewers for the settlement of building projects 30 and remained the real center of authority for some time. The first direct transfer of a part of its authority and power occurred when an act of 1696 provided for the annual election of six assessors in each county. The treasurer became an appointee of the assessors.37 These assessors as well as the grand jury

20 The Frame of the Government of 1682, in Charter to William Pena, p. 97, sec. 17

27 The Frame of the Government of April 2, 1683, in Charter to William Penn, pp. 158, 159, sec. 16.

Eastman, op. cif., I, 179. See also act of 1705-06, II St. at L. 272 when their term was again reduced to 1 year.

30 1700, II St. at L. 132 ch. 98 sec. 1.

30 Laws Agreed upon in England, 1682. in Charter to William Penn, p. 100, sec. 8. See also The Body of Laws, December 10, 1682, in Charter to William Penn, ch. XXXVIII, p. 117; Laws of the Assembly, 1683, in Charter to William Penn, ch. LXVIII, p. 129. As a matter of fact this institution was considered so important to the early Americans that it was one of the rights they demanded before they would accept the Constitution of the United States. See Const, of U. S. Am. V.

31 The Frame of the Government of 1682 in Charter to William Penn, p. 95, sec. 5.

37 Laws of the Assembly, 1683, in Charter to William Penn, ch. CXXVII, pp. 146,

147.

33 Ibid., ch. Cl, pp. 139, 140.

M Ibid., ch. LXXXIX, p. 136; Laws of the Assembly, May 15, 1693, in Charter to William Penn, p. 233; 1700, I Dali. 16 sec. 2.

33 The Body of Laws, 1682, in Charter to William Penn, ch. XXXII, p. 115.

30 Laws of the Assembly. 1685, in Charter to William Penn, pp. 178, 179.

The Frame of the Government, 1696, in Charter to William Penn, p. 258, sec. 3; 1700, II St. at L. 34 sec. 3; 1717-18, III St. at L. 175, sec. 1.

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were to aid the justices in levying and collecting taxes.38 The constables brought to the assessors lists of individuals and the value of the property subject to taxation. The assessors constituted a board for the hearing and decision of appeals from tax assessments and appointed tax collectors.

This system proved inadequate, hence in 1711 the Assembly appointed three commissioners in each county to serve until the next session.39 The commissioners immediately joined the assessors in the appointment of the county treasurer.40 Between that time and 1722 appointed county com- missioners were always provided for by statute, the number of members in each county varying between three and five.41 They were given the power to appoint a clerk.42 The law of 1722 and the one replacing it 3 years later made the office of commissioner permanent and elective with a 3-year term. Since that time the board of county commissioners has always con- sisted of three members.43 The act of 1725 effectually took from the courts most of their administrative functions. It was now the commissioners who issued the “precepts” to the constables, heard and tried appeals from tax assessments, and instituted action against delinquent taxpayers and against assessors and treasurers for neglect of duty. By virtue of this same enact- ment the counties were conveniently divided into assessment districts.

With the advent of the Penns the county assumed responsibility for the care of the poor but the township apparently did not lose all control. The justices of the peace were authorized to supervise poor relief.44 The fact that township overseers of the poor continued to administer to the needs of the poor is evidenced by an act of 1693, which recognized disbursements made by “justices or overseers of the poor.” 45 In 1706 the first general

38 The Frame of the Government, 1696, in Charter to William Penn, pp. 256-259; Laws of the Assembly, 1699, in Charter to William Penn, pp. 280-282; 1700, II St. at L. 34 secs. 1, 2.

39 1710-11, II St. at L. 369 sec. 1.

40 Ibid., sec. 3; 1710-11, II St. at L. 372 sec. 2; 1717-18, III St. at L. 175 sec. 11; 1724-25, IV St. at L. 10 sec. 13; 1757-58, V St. at L. 337 sec. 13; 1759, V St. at L. 379 sec. 12; 1759-60, VI St. at L. 3 sec. 12.

41 1710-11, II St. at L. 369, 372; 1712-13, III St. at L. 3; 1715, III St. at L. 83; 1717, III St. at L. 128; 1717-1S, III St. at L. 175.

4 1715, II St. at L. 83 sec. 7.

43 1722, III St. at L. 295 secs. 1-3; 1724-25, IV St. at L. 10 sec. 2.

44 The Great Law, 1682, ch. XXXII in Charter to William Penn, p. 115.

15 Laws of the Assembly, 1693, in Charter to William Penn, p. 233, sec. 17.

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poor relief act was passed, providing that the justices of the county should select two or more overseers of the poor in each township.46 The town- ship administration of poor relief continued in some counties, with various changes, until the adoption of the county institution district in 1937. 47

During the proprietary period the precursors of the present county offices of recorder of deeds, register of wills, district attorney, prothonotary, county surveyor, and the board of viewers were instituted. Under Penn’s Frame of Government a master of the rolls was to be appointed.48 At the first meeting of the legislature in 1682 the founders of Pennsylvania made provision for the enrollment of deeds, grants, and conveyances in a public enrollment office. Only one office for the recording of deeds was set up, in Philadelphia, for the entire Province.40 Before this and under the Duke of York’s regime the clerk of every court of sessions had been required to “enter” all “grants, sales, and mortgages.” 50 In 1706 an act of Assembly provided for the recording of deeds in each county to be under the super- vision of a “recorder” or enroller. No method of appointment for this office was stipulated.51 Five years later these provisions were reenacted.52 It was not until 1715 that the recorder was definitely instituted as a county officer by an act of that year which required each county to maintain an office for the recording of all deeds, mortgages, and conveyances of land.53 The recorder was usually appointed by the Assembly.

The differentiation of county clerical offices began with the development of county government under the proprietary. In pursuance of the pro- visions of the Charter of Privileges, the clerk of the peace, who followed the old clerk of the sessions, was selected by the Governor from three can- didates nominated by the justices of the respective counties.54 Fie acted as clerk of all the county courts for a number of years, performing all the

40 1705-6, II St. at L. 251 rep. 1771, VIII St. at L. 75 sec. 30 but reen. and am. in secs. 1-29 rep. 1937 P.L. 2017 sec. 702.

47 1937 P.L. 2017. See infra, pp. 00-00 (County Institution District).

"The Frame of the Government of 1682 in Charter to William Penn, p. 97 sec. 17.

*° Thomas Sergeant, A View of the Land Laws of Pennsylvania, pp. 230-235.

“Duke of York’s Book of Laws in Charter to William Penn, pp. 23, 24.

51 1705-6, II St. at L. 206 secs. 1-5.

53 1710-11, II St. at L. 331, 349.

“John H. Martin, Bench and Bar of Philadelphia, pp. 104-106; 1715, 1 Sm.L. 94 sec. 1 ; 1777, 1 Sm.L. 443.

M The justices themselves were now appointed by the Governor instead of the Pro- vincial Council. See Eastman, op. cit., I, 179, 182.

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duties which are now performed by the various clerks of the different courts.

With the growth of the work of these courts and the passage of the judiciary acts recognizing a defined division between the criminal and civil, the necessity for separate courts became apparent.55 An ordinance of Gov- ernor Evans in 1707 established a separate court of common pleas, having in civil matters practically the same jurisdiction as the former county courts. The term prothonotary appeared in this ordinance. This officer was to act as clerk for the new court, but for many years the term pro- thonotary continued to be used interchangeably with that of clerk of the peace. With the further development of the judicial system the distinction between them became more clearly defined, though both offices were usually filled by the same man.56 The duties of the prothonotary, as a separate officer, were first prescribed in detail by legislation in 171 5. 57

William Penn established a system of granting land to his colonists by warrant and survey. For the purpose of conducting the sale of lands a Secretary of the Land Office, Surveyor General, Auditor General, and Receiver General were appointed.58 Deputy surveyors were appointed by the proprietary or the Commissioners of Property at first, and later by the Surveyor General. These deputies of the Surveyor General made the neces- sary survey called for in the warrant. In 1781 the office of Surveyor Gen- eral received statutory sanction.59 In 1850 the appointed office of deputy surveyor was replaced by the elective office of county surveyor.60 In 1874 this county office was given constitutional sanction and the office of Surveyor General was abolished.61

The Attorney General, through deputies, conducted criminal prosecutions in the counties during the regime of the Penns. Evidence of this fact is the appointment of James Logan as Attorney General in 1717.62 There was no act to authorize the appointment of these deputies, but a number

65 For a discussion of judicial development, see infra, pp. 00-00 (Judiciary).

56 Eastman, op. cit., I, 187; F. M. Whitney v. James Hopkins, 135 Pa. 246 (1890).

6' 1715, III St. at L. 73, 125. For details, see infra, pp. 00-00 (Prothonotary).

es Sergeant, op. cit., pp. 34, 35.

59 1781, 1 Sm.L. 529 secs. 2, 3; 1843 P.L. 324 sec. 5.

00 1850 P.L. 434 sec. 5 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 160; 1929 P.L. 1278 sec. 51 am. 1931 P.L. 401 sec. 1.

01 Const., art. XIV, art. IV, sec. 19.

1,2 Eastman, op. cit., I, 251.

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of acts recognized their existence and they were the precursors of the pres- ent district attorneys, who superseded them in 1850. 1:3

The office to be designated as the register of wills during the constitu- tional era of the Commonwealth also had its roots under the government of the proprietor. In the Laws Agreed upon in England provision was made for a register of birth, marriages, burials, wills, and letters of admin- istration, distinct from the office for enrolling deeds.04 A Register General was appointed for the province on December 7, 1682, who kept his office in Philadelphia and commissioned deputies to act in the respective counties. In the same volume in which this appointment is noted and which starts in 1682 are recorded inventories of estates and wills as well as records of births, deaths, and marriages.03 The duties of the Register General and his deputies were not clearly defined until the passage of the act of Janu- ary 12, 1705. Under its provisions he was to be appointed by the Gov- ernor and keep his office at Philadelphia. He was directed to appoint depu- ties who were to give bonds, which were to be recorded in the orphans’ court.08

Another county office, the basis of which was established in the pro- prietary era, is that of the three county auditors. A law of 1700 provided that the justices of the county court and the assessors annually audit the accounts of the county treasurer.07 In 1718 these accounts were audited by the assessors and commissioners instead of the justices.08 This practice continued until 1732, when an act of Assembly required the commissioners, assessors, and treasurers to show the grand jury and the justices all account books with the proper vouchers annually.89 The first provision for the selec- tion of county auditors was made in 1791 when the court of common pleas

'Ibid., II, 471 ; 1850 P.L. 654 am. 1852 P.L. 45 rep. as to Dauphin County, 1853 P.L. 667 sec. 7 but reen. for the entire State, 1883 P.L. 15; 1929 P.L. 1278 sec. 245.

"‘Laws Agreed upon in England, 1682, in Charter to William Penn, p. 101 sec. 22.

"'William H. Loyd, Early Courts of Pennsylvania, p. 219. For a further discussion of the office of Register General, see: Samuel Hood, Practical Treatise on the Law Relating to Registers of Courts, Orphans' Court, Auditors, Executors, Administrators, Guardians, and Trustees in Pennsylvania, pp. 37, 220; 1705, 1 Sm.L. 33 sec. 8 rep. 1917 P.L. 415 sec. 26; Martin, op. cit., p. 70.

"’Loyd, op. cit., p. 220 For development of orphans’ court, see section on Judiciary, infra.

1,7 1700, II St. at L. 23 sec. 3.

' 1717-18, III St. at L. 175 sec. 11; 1724-25, IV St at L. 10 sec. 13.

*a 1732, IV St. at L. 234 sec. 2.

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was authorized to appoint three reputable freeholders to audit, settle, and adjust the public accounts of the treasurer and commissioners.70

The present board of viewers also had its inception under the proprietary when the practice of appointing road viewers was begun. In 1685 the county courts were authorized to select such a number of persons as they saw fit to view all partition fences about improved lands, to be the sole judges of the sufficiency of such fences, and to determine how the cost of such fences should be divided. They were further authorized to notify owners of improved lands of the insufficiency of such fences.71 In 1699 the justices of each county were empowered to lay out and confirm all roads except the King’s Highway and public roads, the latter to be laid out by order from the Governor and Council. The justices of the county court were authorized to appoint six men to view the site of a proposed private road.72 This provision was repeated by an act of 1700 which, however, re- stricted the construction of such roads on improved land.73

A statute of 1700 required that standards of weights and measures be provided in each county and that the Governor appoint a county officer to keep them in his custody.74 Many counties found this provision burden- some and the office was abolished therein by special acts.75

The new constitutional government of 1776 did not immediately insti- tute drastic changes in the form of Pennsylvania’s local government, al- though they saw the culmination of a tendency toward concentration of certain powers in the hands of officers clearly defined as county officials. The administrative body of the county was still the board of county com-

70 1791, 3 Sm.L. 15 sec. 1.

‘‘Laws of the Assembly) May 10, 1685, in Charter to William Penn, pp. 178, 179.

'"Laws of the Assembly, May 10, 1699, in Charter to William Penn, p. 285 sec. 6.

73 1700, II St. at L. 68 sec. 2. See also act of 1735-36, IV St. at L. 296 sec. 1.

'4 1700, 1 Sm.L. 18 sec. 1 supp. 1834 P.L. 524 and reen. in 1845 P.L. 443 sec. 5 which was rep. in 1883 P.L. 6 No. 5.

75 1845 P.L. 524 rep. as to York County 1858 P.L. 44 No. 58; 1845 P.L. 443 rep. as to Montgomery County 1859 P.L. 198 sec. 1 but its provisions were again extended thereto by act of 1867 P.L. 233; 1845 P.L. 443 rep. as to Dauphin County, 1859 P.L. 198 sec. 1 but its provisions were again extended thereto by act of 1872 P.L. 121 rep. 1883 P.L. 6 No. 5; 1845 P.L. 524 rep. as to Berks, Bucks, Franklin, Lancaster, Lehigh, and Westmoreland Counties by act of 1859 P.L. 198 sec. 1 rep. 1883 P.L. 6 No. 5; office of sealer of weights and measures abolished in Cumberland, Clearfield, and Perry Counties by act of 1859 P.L. 633 No. 625 ; 1845 P.L. 524 rep. as to Adams, Cumberland, Perry, Lebanon, and Washington Counties 1860 P.L. 511 No. 417 rep. 1883 P. L. 6 No. 5. See also Giles D. Price, Index to Local Legislation in Pennsylvania from 1700 to 1892, passim.

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tnissioners elected directly by the people for a 3-year term.76 The assessors were also elected directly by the people 77 and the sheriff and coroner were to be commissioned annually by the President in Council from two nominees elected by the freemen.78

The Constitution of 1776 provided for the election of a recorder of deeds and register of wills for each county.70 These offices, given constitutional sanction at the same time were usually filled by one man and are filled by the same man today in some of the smaller counties. The office of Register General was abolished/0 Though no provision was made in this constitution for the clerical offices of prothonotary and clerk of the court of quarter sessions and oyer and terminer, during the period of the Revolution and immediately following it the services of these offices were likewise per- formed by the same individual. A clerk of orphans’ court was not recog- nized by legislation in this period, but the court had already been definitely identified much earlier and the clerks of the other courts acted as clerk of the orphans’ court as well.81

Four years after the adoption of the Constitution of 1776 the office of county assessors was abolished.82 Road viewers continued to be appointed by the court, the number remaining at six, and their work being extended to the vacating as well as the construction of roads.83

The Constitution of 1790 effected innovations in the judicial system which were confirmed by act of 1791. 84 Each county was made part of a judicial circuit headed by a president judge. The county itself was per- mitted to have no fewer than three nor more than four judges.85 These judges were authorized to appoint three auditors to “audit, settle and ad- just the public accounts of the treasurer and commissioners.” 86 Provisions for offices and registers of wills and recorders of deeds in each county were again reiterated.87 The sheriff and coroner were to be appointed by the

70 Const., of 1776, ch. II, sec. 31.

77 Ibid.

78 Ibid. Thus was their 3-year tenure again reduced to 1 year.

79 Const, of 1776, ch. II, sec. 34.

" 1777, IX St. at L. 68.

61 For discussion of judicial development, see infra, pp. 27-42.

" 1780, X St. at L. 238 sec. 6.

" 1785, XI St. at L. 415 sec. 1.

81 See infra, pp. 27 ff. (Judiciary) ; also List of Judicial Districts.

“ Const, of 1790, art. V, sec. 4.

“1791, 3 Sm.L. 15, sec. 1.

" Const, of 1790, art. V, sec. 11.

GOVERNMENT ORGANIZATION

13

Governor from two nominees elected by the citizens of each county for a term of 3 years.88 Prothonotaries, “clerks of the peace and orphans’ courts,” were constitutionally mentioned for the first time in a provision requiring that they keep their offices in the county seat in which they were officers.89 The appointment of these officers was to be made by the Governor.90

After the adoption of the Constitution of 1790 the care of the poor was shifted to the counties by a series of special acts providing for the appoint- ment of elected poor directors for each county “poor district” and abolish- ing township overseers of the poor. In 1798 this county system was set up for Lancaster and Chester Counties.91 The number of poor directors was usually fixed at three and their tenure was 3 years. They were authorized to erect a county almshouse and supervise it when completed. Their accounts were audited by the county auditors. Between 1798 and the adoption of the Constitution of 1874, which forbade special legislation, over 20 counties adopted this system. Other systems adapted to local needs and customs were adopted elsewhere.92

In the same period the term of the county treasurer was fixed at 1 year,93 and many counties were authorized by legislation to adopt the county unit poor system.94 The auditors were elected annually instead of being ap- pointed by the court of common pleas from 1809 to 1814 when their term was increased to 3 years, one auditor being replaced each year. In 1810 they were authorized to audit the accounts of the sheriff and coroner as well as the commissioners and treasurer.95 It was also during this period prior to the adoption of the Constitution of 1838 that provision was made for the office of a clerk of orphans’ court, a function which had been exer- cised previously by the clerks of the other courts. An act passed in 1834 provided that the orphans’ court be held in every county as a court of record, the clerk to have custody of the records and seal of the court and

88 Ibid., art. VI, sec. 1.

89 Ibid., sec. 3.

90 Ibid., art. II, sec. 8.

91 1798, XVI, St. at L. 15. For other counties adopting this system, see Price, op. cit., passim.

92 For a fuller discussion of these systems, see infra, ch. XXIX on County Institu- tion District Board.

93 1799, 3 Sm.L. 393 sec. 13.

M See infra, ch. XXIX on the Institution District Board.

96 1809 P.L. 41, 5 Sm.L. 19 sec. 1 ; 1810 P.L. 208, 5 Sm.L. 161 ; 1814, 6 Sm.L. 103 sec. 1 rep. 1929 P.L. 1278 sec. 1051 ; 1834 P.L. 537 sec. 44 rep. 1929 P.L. 1278 sec. 1051.

14

COUNTY GOVERNMENT

to perform, under the direction of the court, all the duties pertaining to his office.90

The laws pertaining to the duties of the road viewers were more definitely summarized by an act of 1802. Under its provisions the court of quarter sessions was empowered to appoint six men to view the proposed site of a new road. They were to report their finding to the court and if the ap- proval of five of their number was followed by the court’s approval the county could begin the proposed construction.87

The Constitution of 1838 instituted many significant changes in county government. It particularly fostered changes which increased the power of the electorate. The prothonotary and clerks of the other courts, recorder of deeds, and register of wills,98 as well as the sheriff and coroner,09 were to be elected directly by the citizens of each county for a term of 3 years. The constitution further stated that the “Legislature shall provide by law the number of persons in each county who shall hold said offices and how many and which of said offices shall be held by one person.” The legis- lature promptly passed an act in 1S39 specifically designating these facts for each county then in existence.100 In the decade which followed, the county treasurer,101 the district attorney who replaced the former deputy Attorney General in each county,102 and the county surveyor whose duties were to include the functions of the former deputy surveyor ,o:‘ were made elective.

The county commissioners in each county were directed to appoint a mercantile appraiser 104 as the result of a tax at first placed on vendors of foreign merchandise 10r’ and later extended to all mercantile establish- ments.100 This development had been preceded a year earlier by a law

M 1834 P.L. 352; 1917 P.L. 363 sec. 8(b-l) ; Hood, op. cit., p. 105.

” 1802, XVII St. at L. 151 secs. 1, 17, 18, 25. See also acts of 1809, 5 Sm.L. 53 sec. 1 ; 1815, 6 Sm.L. 242; 1829 P.L. 114; 1836 P.L. 551 sec. 83.

M Const, of 1838, art. VI, sec. 3.

°° Const, of 1838, art. VI, sec. 1.

'"’1839 P.L. 559 sec. 1.

‘I>1 1841 P.L. 400 sec. 1.

103 1850 P.L. 654 sec. 1.

1850 P.L. 434 secs. 5, 10, 11 rep. 1929 P.L. 1278 sec. 1051 but recn. in sec. 160.

0M 1846 P.L. 486 sec. 12; 1887 P.L. 60 sec. 3 sup. 1899 P.L. 184 sec. 3; 1929 P.L. 343 sec. 609.

1 "" 1821, 7 Sm.L. 471 rep. 1824 P.L. 32 secs. 8, 9 but reen. in sec. 1 ; rep. 1830 P.L. 387 sec. 11 but reen. in sec. 1.

H' 1841 P.L. 307 sec. 10. For a list of the mercantile establishments subject to a tax, see Pennsylvania Tax Commission Report to the General Assembly for the Common- wealth of Pennsylvania, p. 17, hereinafter cited as Tax Commission Report.

GOVERNMENT ORGANIZATION

15

authorizing the commissioners of Philadelphia and Allegheny Counties to appoint such an officer to facilitate the assessment of this tax.107 Another change effected in the same period was in the method of tax assessment and revisions. In 1842 the county commissioners were named, together with the associate judges, an ex officio board for purposes of revision of tax assessments. The judges were removed from the board by an amend- ment passed 2 years later. 108 As a result of this action the board of re- vision has consisted of the county commissioners alone in all except third- class counties, since that date. A board for the assessment and revision of taxes was established for counties with a population ranging from 300,000 to 1,000,000. The three members of this board were appointed by the courts of common pleas to serve for 3 years. In 1931 this provision was repealed in the same act which established a similar board for the assessment and revision of taxes for all counties of the third class. This board also consisted of three members but they were now appointed by the county commissioners for a term of 4 years.109 Road viewers continued to be appointed by the courts in each county throughout the period follow- ing 1838. Their number was reduced to three by special acts in many coun- ties starting in 1845. The scope of their duties was enlarged beyond the mere viewing of roads.110 In 1854 the county superintendent of schools began to function as a county officer, as a branch of the newly developed school system of the Commonwealth. The superintendent was elected by local boards of school directors for a term of 3 years.111 In 1867 two jury

107 1845 P.L. 533.

108 1842 P.L. 441 sec. 10 am. 1844 P.L. 501 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 501.

109 1905 P.L. 47 No. 32 sec. 1 rep. 1931 P.L. 1379 sec. 1 but reen. and am. in secs.

1-10.

110 1838 P.L. 537 secs. 19, 20; 1843 P.L. 177; 1844 P.L. 137 sec. 2; 1844 P.L. 570 sec. 10; 1845 P.L. 52; 1846 P.L. 175; 1850 P.L. 395; 1852 P.L. 488; 1852 P.L. 622; 1854 P.L. 62; 1854 P.L. 204; 1855 P.L. 189; 1855 P.L. 223; 1855 P.L. 240; 1856 P.L. 454; 1857 P.L. 204; 1857 P.L. 205; 1857 P.L. 296; 1857 P.L. 335; 1857 P.L. 338; 1859 P.L. 139; 1859 P.L. 309; 1859 P.L. 508; 1860 P.L. 53; 1860 P.L. 61; 1860 P.L. 76; 1860 P.L. 105; 1860 P.L. 144 rep. as to Lycoming County 1905 P.L. 75; 1860 P.L. 586; 1860 P.L. 610; 1861 P.L. 84; 1872 P.L. 413; 1876 P.L. 131 am. 1878 P.L. 41 further am. 1911 P.L. 91 sec. 1 ; 1878 P.L. 150 No. 190 rep 1929 P.L. 1278 sec. 1051 ; 1879 P.L. 146 am. 1887 P.L. 267 further am. 1903 P.L. 74 further am. 1911 P.L. 970 rep. 1929 P.L. 1278 sec. 1051 ; 1885 P.L. 170 supp. 1887 P.L. 306 rep. 1929 P.L. 1278 sec. 1501 but reen. as am. in secs. 941-944; 1897 P.L. 213 am. 1901 P.L. 259 No. 166; 1911 P.L. 167 sec. 2; 1911 P.L. 756 art. XII sec. 1 ; 1901 P.L. 668 No. 338 rep. as to twps. 1917 P.L. 840 sec. 1500, rep. as to boros. 1915 P.L. 312 ch. XIII art. I sec. 1.

1,1 1854 P.L. 617 secs. 37, 39.

16

COUNTY GOVERNMENT

commissioners were added to the expanding group of county func- tionaries."- After this time the personnel of the grand jury was selected by them.

The Constitution of 1874 listed as county officers the prothonotary, clerk of the courts, sheriff, coroner, register of wills, recorder of deeds, three county commissioners, the treasurer, surveyor, controller or auditors, and district attorney."3 Pennsylvania county government now reflected an elaborate development from its original structure, as can be seen by a com- parison of the charts of county government of 1682 and 1874. The new constitution abolished the office of associate judge of the court of common pleas, not learned in the law, in counties forming separate judicial dis- tricts,"'1 and effected several definitive changes concerning the judici- ary.115

By 1940 many further changes had been made in the structural organiza- tion of county government as a result of increasing county activity. The mercantile appraiser, formerly appointed by the county commissioners, was now named annually by the State Auditor General.110 The terms of all elected county officers were extended to 4 years with the exception of the judges who retained their tenure of 10 years.117 In 1895 legislative recognition was afforded the practice of the board of county commission- ers to appoint a county solicitor to conduct and defend all suits brought on behalf of or against the county.118 Today every county has such a solicitor.110

The development of the office of county detective was similar to that of county solicitor. It was established in Philadelphia in 1869 120 and in Allegheny County in 1870. 121 In 1874 provision was made for the ap- pointment by the district attorney of a special detective whenever such appointment was deemed necessary in the solution of crimes.122 This soon

1,3 1867 P.L. 62 sec. 1 ; 1929 P.L. 1278 sec. 293 am. 1931 P.L. 401 sec. 1.

"“Const., art. XIV, sec. 1.

Ibid., art. V, sec. 5.

^ Ibid., sec. 9. See also Judiciary, infra, p. 34.

115 1899 P.L. 184 sec. 3 am. 1919 P.L. 963 sec. 1 ; 1929 P.L. 342 sec. 406. This power of appointment was later transferred to the Secretary of Revenue.

117 Const., art. V, sec. 15, art. XIV, sec. 2 as am. 1909.

1834 P.L. 537 sec. 5 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 1031 ; 1895 P.L. 101 No. 75 am. 1903 P.L. 11 No. 11 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 151, 152.

Pennsylvania Manual, 1937, pp. 1146-1183.

130 1869 P.L. 1011 No. 1001 ; 1872 P.L. 575 No. 604.

U1 1870 P.L. 359.

,3' 1874 P.L. 219 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 281.

GOVERNMENT ORGANIZATION

17

became a common practice, recognized by legislation.123 The general county law of 1929 with its amendments now governs this phase of county gov- ernment ; different classes of counties are permitted to have varying num- bers of chief and assistant county detectives.124

Closely following in the wake of the adoption of the constitution was the appointment of a county engineer in 1876 for counties ranging in population from 250,000 to 500, 000.125 Prior to this time the county com- missioners had, when they felt it necessary, appointed an engineer for par- ticular occasions. In 1919 county engineers were authorized for any county, the commissioners being authorized to appoint a registered professional engineer.126 In spite of this legislation, however, not every county has a county engineer today. They exist only in 26 counties and in six of these counties it is the elected surveyor who acts as county engineer.127

The office of inspector of weights and measures also has become a part of the county system since the adoption of the Constitution of 1874. In 1877 the office of county sealer of weights and measures was reestablished in those counties which had no sealer because of special acts abolishing the office.128 A general act passed 6 years later abolished the office in all counties.129 It was replaced in 1895 by an inspector of weights and meas- ures, appointed by the commissioners for cities of the first and second classes only.130 In 1911 the board of county commissioners of each county was authorized to appoint a county inspector of weights and measures, 131

123 1913 P.L. 157 No. 107 (counties ranging in population from 300,000 to 700,000) ; 1919 P.L. 437 No. 215 sec. 1 permitted the appointment of an assistant county detec- tive in counties having from 150,000 to 250,000 inhabitants, but no law had yet definitely named a chief county detective for such counties ; 1919 P.L. 727 sec. 1 for counties having less than 100,000 inhabitants.

124 1921 P.L. 535 rep. 1931 P.L. 401 sec. 26; 1919 P.L. 437 No. 215 sec. 1 rep. 1921 P.L. 243 sec. 3; 1921 P.L. 243 secs. 1, 2 rep. 1931 P.L. 401 sec. 26; 1929 P.L. 1278 sec. 277 am. 1931 P.L. 401 sec. 1 ; 1925 P.L. 592 rep. 1931 P.L. 401 sec. 26; 1929 P.L. 1278 sec. 278 am. 1931 P.L. 401 sec. 1 further am. 1937 P.L. 941 further am. 1939 P.L. 441 No. 252 sec. 1 ; 1929 P.L. 1278 sec. 280 am. 1931 P.L. 401 sec. 1 further am. 1939 P.L. 441 No. 252 sec. 2 ; 1929 P.L. 1278 sec. 279 am. 1931 P.L. 401 sec. 1 ; 1929 P.L. 1278 sec. 281.

12,1 1876 P.L. 13 sec. 13 am. 1881 P.L. 21 further am. 1887 P.L. 301 further am. 1901 P.L.641. At that time only Allegheny County fell within this range.

1-8 1919 P.L. 163 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 166.

12, Pennsylvania Manual, 1939 , pp. 954-976.

128 1877 P.L. 52 No. 50.

129 1883 P.L. 6 No. 5.

130 1895 P.L. 386 sec. 1 sup. 1911 P.L. 275 sec. 1.

131 1911 P.L. 275 sec. 1 am. 1913 P.L. 960 sec. 1 am. 1917 P.L. 1102 sec. 1.

18

COUNTY GOVERNMENT

two counties being permitted to work together with one set of standards and one inspector.132

Another interesting development during this period is that of the pro- bation and parole offices. The appointment of probation officers is a discretionary power of the court of quarter sessions, which may appoint any number of officers to supervise probation and parole matters relating to dependent and delinquent children,133 adult offenders convicted for the first time for any but the most serious crimes,134 persons paroled from penal institutions 135 and cases of domestic desertion.130 Because of the absence of specific requirements in the legislation, many variations exist in the number of such officers appointed and the duties to which they are assigned. In some counties a parole board has been set up by the court, usually consisting of those county officers whose regular duties keep them in touch with law enforcement and acquainted with penal conditions. They receive no additional compensation for serving in this capacity and their duties are more or less confined to receiving and acting upon petitions for parole.

It was in the latter part of the nineteenth century also that an elected county controller began to replace the three county auditors in counties ranking in. the fifth class or higher. The controller first appeared in Phila- delphia 137 and Allegheny 13H counties and his duties were expanded be- yond those of the former auditors in that he was given supervisory con- trol over fiscal affairs. In 1893 this office was provided for counties con- taining 150,000 inhabitants or more and the county auditors were abolished in such counties.130 This act was held unconstitutional in 1894 because there was no indication in the title of the purpose of the act.140 It was cor- rected and reenacted in 1895 111 and slightly amended in 1901. 142 An act of

132 Ibid.

123 1901 P.L. 279 sec. 6 rep. 1903 P.L. 274 sec. 12; 1903 P.L. 274 sec. 3 am. 1909 P.L. 89 sec. 1 rep. 1933 P.L. 1433 sec 28 but reen. in sec. 17.

114 1909 P.L. 495 sec. 3.

191 1 P.L. 1055 sec. 1 am. 1925 P.L. 554 No. 297 sec. 1 ; 1911 P.L. 1055 sec. 3 am. 1919 P.L. 569 sec. 1.

1M 1913 P.L. 502 sec. 1. sup. 1917 P.L. 268; 1917 P.L. 773 No. 290 sec. 4.

m 1854 P.L. 21.

133 1861 P.L. 450.

1893 P.L. 393.

""Comm. v. Samuels et al., Appellants, 163 Pa. 283 (1891) ; Comm. v. B. R. Severn. Appellant, 164 Pa. 462 (1894).

1895 P.L. 403.

"• 1901 P.L. 140.

GOVERNMENT ORGANIZATION

19

1909 permitted the establishment of this office by petition in any county having less than 150,000 inhabitants.143 The act of 1895 as amended in 1901 was further amended in 1913 to include counties with a population of 100,000 or over and recognized the constitutional amendment of 1909 which increased the term of all county officers to 4 years.144 The county law of 1929 repealed these acts but reenacted them as amended.145 Coun- ties of the sixth, seventh, and eighth classes wishing to establish this office follow the same procedure described in the act of 1909 except that court approval is now required.148

Toward the end of the last century the board of viewers began to re- place the former road viewers. In accordance with an act of 1883 the courts of common pleas began the practice of appointing viewers in con- demnation proceedings.147 This law together with the special laws which had preceded it and which followed it in reference to road viewers finally culminated in 1911 in the establishment of boards of viewers in each county. These boards consist of from three to nine members, the exact number in any particular county being determined by the court of com- mon pleas. From this group either the court of common pleas or the court of quarter sessions may select any necessary number to act as a board of viewers in a particular matter.148

The development of ex officio boards such as the registration commis- sion shows a tendency in the development of county government to unite the efforts of the separately elected county officers in particular functions relating to county government. After 1874 special registry assessors were elected to perform registration duties except in municipalities and wards made up of but one election district.149 This act of 1874 marked the incep-

143 1909 P.L. 434 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 136 am. 1933 P.L. 948 No. 161.

144 1913 P.L. 10.

145 1929 P.L. 1278 sec. 131 am. 1931 P.L. 401 sec. 1.

146 1929 P.L. 1278 sec. 136.

147 1883 P.L. 58 sec. 1 am. 1911 P.L. 1039 further am. 1921 P.L. 271 rep. 1929 P.L.

1278 sec. 1051 but reen. in sec. 518 am. 1931 P.L. 401 sec. 1.

143 1911 P.L. 1123 secs. 1-4 rep. 1931 P.L. 401 sec. 26; 1929 P.L. 1278 secs. 171-173

am. 1931 P.L. 401 sec. 1; 1929 P.L. 1278 secs. 174-176. For fuller details of develop- ment, see essay on Board of Viewers, infra, ch. XXXV.

143 1874 P.L. 31 sec. 1 am. 1891 P.L. 134 rep. 1937 P.L. 487 sec. 46(a) and 1937 P.L.

1333 sec. 1901; 1874 P.L. 31 secs. 15, 18 am. 1933-34 (Sp. Sess.) P.L. 236 secs. 5, 6

rep. 1937 P.L. 487 sec. 46 (2, 14).

COUNTY GOVERNMENT

20

tion of a series of acts which culminated in the establishment of boards of permanent registration throughout the Commonwealth, first in 1935 when a uniform system was adopted for third-class cities 100 and later, in 1937 when it was adopted for boroughs and townships as well.101 This commis- sion is composed of the county commissioners in an ex officio capacity.162

Closely following the establishment of this ex officio board was the establishment of the county board of elections. Before 1937 supervision over elections by county officials was divided among the commissioners, the sheriff, and the courts. All of the duties were finally combined in 1937 and placed in the hands of one agency, the county board of elections which consists of the county commissioners in an ex officio capacity.163

Other ex officio boards which developed during this period were the salary board, the sinking fund commission, and the various prison boards. Prior to 1876 county officers were usually paid by fees out of which each officer secured both his own compensation and that of this assistants. A salary system was established for counties with a population of 150,000 or more in 1876. The fees were to go to the county treasury.164 A salary board was created in each county to determine the number of assistants to be employed by each officer and the salary of each.166 This board consists of the commissioners and controller, if there is one in the county,168 hence this is its composition in counties from the first to fifth classes. In counties of the sixth class the treasurer takes the place of the controller.167 In sev- enth and eighth-class counties no provision is made for a salary board.

A sinking fund commission composed of the county commissioners, con- troller, and treasurer was set up in 1909 in counties ranging in population

1C0 1935 P.L. 478 No. 195 rep. 1937 P.L. 849 sec. 47(a) but reen. and am. in secs. 1-46.

151 1937 P.L. 487.

Ibid .. sec. 3 (a, b) ; 1937 P.L. 849 sec. 4(a, d). There are special provisions for cities of the first and second class, of which there are only one each in Pennsylvania, Philadelphia and Pittsburgh. Scranton is the only city which is second class A and there the permanent registration commission consists of four persons appointed by the Governor with the advice and consent of the State Senate. See act of 1933-34 (Sp. Sess.) P.L. 140 rep. 1937 P.L. 1132 sec. 47 but reen. and am. in secs. 1-46.

113 1937 P.L. 1333 sec. 1901.

"“ 1876 P.L. 13 sec. 1; 1876 P.L. 13 sec. 5 am. 1893 P.L. 127 No. 79 further am. 1923 P.L. 76.

1876 P.L. 13 sup. 1877 P.L. 33 rep. 1879 P.L. 72 sec. 1 but the repealing sec. was itself rep. 1883 P.L. 182 sec. 1 (except as to cities of the first class).

Ibid.

,3: 1923 P.L. 944 sec. 5 am. 1933 P.L. 250 further am. 1937 P.L. 567.

GOVERNMENT ORGANIZATION

21

from 250,000 to 1,200,000.15S Provision for this commission was limited to counties with a population of 150,000 to 250,000 on May 11, 1911, 159 but was extended to all counties later in the same year.1'10 The sinking fund commission, wherever there is one, now consists of the county commis- sioners, the controller or auditors, and the treasurer.161

In colonial Pennsylvania the sheriff was the only prison authority. He appointed a marshal, whose duties correspond to those of the present day jail warden.162 An act of 1899 established a prison board to supervise prison labor. The board consisted of the sheriff, the county commission- ers, and the president judge.163 In 1907 its composition was changed to include only the sheriff and the commissioners, the approval of the presi- dent judge being required for all rules and regulations made by the board.1'14 The sheriff still appointed the warden and his staff.165 Exceptions were made to this arrangement in so many counties that it can now be found only in counties of the sixth, seventh, and eighth classes. The act of 1899 expressly permitted the continuation of boards of prison inspectors in counties where they had already been established.166

In 1909 a board of inspectors of the county jail or prison, consisting of the sheriff, controller, district attorney, county commissioners, and the judges of the court of quarter sessions, was established in counties con- taining 150,000 to 250,000 inhabitants. The board and not the sheriff

' 1909 P.L. 100 No. 59 sec. 1 rep. 1911 P.L. 895 sec. 13 insofar as it was inconsis- tent with the act of 1911, wholly rep. 1917 P.L. 199 No. 100.

159 1911 P.L. 256 sup. 1911 P.L. 895 rep. 1929 P.L. 1278 sec. 1051.

1911 P.L. 895 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 395.

1,11 Ibid.

162 Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, pp. 47, 50, 55, 65; Laws of the Assembly, March 10, 1683, in Charter to William Penn, p. 139 ch. Cl; A Petition of Right, 1693, in Charter to William Penn, p. 208 ch. 53; 1790, 2 Sm.L. 531 sec. 28.

163 1899 P.L. 89.

164 1907 P.L. 247 secs. 2, 3.

165 1899 P.L. 89 sec. 7 am. 1903 P.L. 299 No. 232 sec. 1

108 1899 P.L. 89 sec. 3 ; boards of prison inspectors had been established in Phila- delphia County, 1790, 2 Sm.L. 531 sec. 23; 1809 P.L. 25; 1823 P.L. 100 sec. 2; 1835 P.L. 232; in Chester, 1839 P.L. 10; in Dauphin, 1841 P.L. 189; in Berks, 1848 P.L. 399 supp. 1873 P.L. 625; in Lancaster, 1850 P.L. 89 rep. 1937 P.L. 2779; in Mont- gomery, 1851 P.L. 388; in Schuylkill, 1852 P.L. 211; in Allegheny, 1865 P.L. 607 am. 1866 P.L. 8; in Delaware, 1866 P.L. 588 No. 562; in Luzerne, 1868 P.L. 917 No. 870; in Lehigh, 1869 P.L. 716; in Northampton, 1871 P.L. 706; in Northumberland, 1878 P.L. 10.

22

COUNTY GOVERNMENT

appointed the warden. 11,1 Since 1921 such a board has been established in all counties of the third and fourth classes.108 In fifth-class counties the Prison is under the exclusive control of the county commissioners.160

In 1/90 the sheriff was authorized to appoint with the approval of the court of quarter sessions as many prison keepers as he deemed neces- sary.1'" Today the sheriff has this responsibility only in counties of the sixth, seventh, and eighth classes. The prison boards in other counties appoint the jail or prison warden.

W ith the advent of the twentieth century a growing social consciousness culminated in the setting up of still another ex officio board, that of the county institution district;1'1 its major function is the care of the indigent and it replaced earlier county agencies performing this function in 1937.172 Under the new system all poor districts were abolished and the county com- missioners were constituted a board for each institution district. Each county is now such a district.

Another development during this period is that of the county tuberculosis hospital and advisory board. In 1911 the poor directors of any poor dis- trict were permitted to establish a hospital for the treatment of tuber- culosis.1' • ] his provision was reiterated in 1925 174 but repealed in 1937.175 A concurrent development initiated in 1921 permitted the county rather than the poor district to erect a tuberculosis hospital.170 The court of com- mon pleas was given the power to appoint a board of trustees who were to have lull control over the hospital.1" This act was replaced by an act of 1925 which placed county tuberculosis hospitals under the joint control

1909 I L. 262 No. 171 am. 1913 P.L. 279 but the amendment of 1913 was uncon- l,ecause ,f altemPtccI t0 legislate for counties with populations ranging from

S’nnn t0 off 5' Thc act °f 1909 incIudcs onI>r counties ranging in population from I5U,UUU to _e0,000, and no notice was given in the title of the act of 1913 of any change in classification. Co»,m. v. Thomas, 248 Pa. 258 (1915).

108 1921 P.L. 579.

1921 P.L. 470.

1,0 1790, 2 Sm.L. 531 sec. 28.

1,1 1937 P.L. 2017 secs. 301, 302.

173 1937 P.L. 2017 secs. 305, 401, 601-605. 1,5 1911 P.L. 1111 No. 836.

174 1925 P.L. 762 secs. 1200-1203.

175 1937 P.L. 2017 sec. 702.

,7‘ 1921 P.L. 944.

1TT Ibid., sec. 3.

GOVERNMENT ORGANIZATION

23

of the county commissioners and an advisory board,178 consisting of five citizens appointed by the court and serving for a 5-year term.179

The increasing burden of poor relief led to cooperation between the State and the counties in particular forms of relief. In 1913 the first mothers’ assistance law went into effect, 1S0 giving to the counties an oppor- tunity to obtain this form of relief by proffering an equal sum to meet the amount appropriated by the State. The act of 1913 was amended in 1915, repealed in 1919, 181 and replaced in that year by a new mothers’ assistance law which did not differ basically from the original act.182 The number of members of the county boards of trustees was fixed at seven in 1923. 188 By 1936 every county except Beaver, Pike, Perry, Clearfield, Forest, Fulton, Fayette, and Elk counties had begun to participate in this plan.184 Old age assistance went into effect in 1934, 185 and pensions to the blind were first granted in that year.186 Unemployment relief had already been put into practice.187

The need for a uniform system of “outdoor" or non-institutional relief was recognized by the Public Assistance Law of 1937 in which all forms of relief were coordinated under a State Department of Public Assistance operating through county boards of public assistance. The county boards, with which we are primarily concerned, are merely administrative units to effectuate this plan. The county board consists of seven members ap-

178 1925 P.L. 65 sec. 3; 1925 P.L. 65 secs. 1-11 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 622-633.

179 1925 P.L. 65 sec. 3 rep. 1929 P.L. 1278 sec. 1051 but reen. and am. 1929 P.L. 1278 sec. 624.

180 1913 P.L. 118.

181 Ibid. am. 1915 P.L. 1038 rep. 1919 P.L. 893 sec. 19.

182 1919 P.L. 893 am. 1921 P.L. 1175 further am. 1923 P.L. 307 rep. 1937 P.L. 2051 sec. 18.

183 1919 P.L. 893 sec. 1 am. 1923 P.L. 307 sec. 1.

184 Pennsylvania Department of Welfare, Poor Relief Administration in Pennsyl- vania, p. 24, hereinafter cited as Poor Relief Administration; Pennsylvania Manual, 1935-36, pp. 1013-1017.

185 1923 P.L. 189 held unconstitutional, 282 Pa. 440 (1926); 1933-34 (Sp. Sess.) P.L. 282 rep. 1936 (Sp. Sess.) 28 sec. 25 but reen. in secs. 1-24 am. 1937 P.L. 2049 rep. 1937 P.L. 2051 sec. 18. The act of 1936 placed the granting of old age pensions in Pennsylvania under the terms of the Federal Social Security Act.

180 1933-34 (Sp. Sess.) P.L. 246 rep. 1935 P.L. 621 No. 220 sec. 16 but reen. in secs. 1-15, 17, 18.

187 1836 P.L. 539 sec. 3 rep. 1937 P.L. 2017 sec. 702; 1931 P.L. 1503; 1932 (Sp. Sess.) P.L. 88 rep. 1937 P.L. 2051 sec. 18; 1932 Sp. Sess.) P.L. 90; Poor Relief Adminis- tration, pp. 48, 57, 79, 81.

24

COUNTY GOVERNMENT

pointed by the Governor with the approval of the State Senate for a 3-year term.1"*

A mosquito extermination commission was established in 1935 for coun- ties indicating a desire to have one. It is composed of five members ap- pointed by the commissioners to serve for a term of 5 years. IKU

General Administration. Administration of county affairs in Pennsyl- vania rests on the dual axes of the county commissioners and the court of quarter sessions. Although created exclusively to supervise the fiscal aspects of county government, the county commissioners at the end of the eighteenth century gradually assumed control over the processes of elec- tions which they, acting ex officio as the county hoard of election and registration commission, share today with the court of quarter sessions. In addition, the court was given supervision over municipalities in the con- struction of public works such as roads and bridges, a power lodged in it at the present time ; as well as supervision over the clerical officers in the compilation of public records.

Urbanization created new problems in the nineteenth century which demanded the increasing attention of the county ; namely, the administration of public welfare in the form of institutional relief, the prevention and punishment of crime, and supervision over educational methods. Hence, the poor directors were empowered to provide for indigent persons in county institutions and the county commissioners were made responsible for the maintenance of dependent and delinquent children, and indigent persons. This duality of responsibility continued until the formation of the county institution district in 1938 which is given complete control over all classes of indigent persons in need of institutional care.

flic possibility of rapid movement of criminals over improved roads led to increased activity on the part of the county in apprehending these persons. Thus, the machinery of the law was strengthened in the county and tlie functions of the district attorney, sheriff, and coroner were more closely integrated.

In the matter of education the county has never played a vital part since educational activity is a State function. The county enters the picture only through the county superintendent of schools and through the county board of school directors, who supervise educational methods in certain districts and provide for transportation of students in rural areas.

' 1937 P.L. 2051 secs. 5. 14, 15, 17; 1937 P.L. 2051 sec. 4(a) am. 1939 P.L. 1091 sec. 2; 1937 P.L. 2051 sec. 4(e).

1935 P.L. 641 secs. 1, 2.

GOVERNMENT ORGANIZATION

2S

The broad functional lines in administration are much the same today as they were under the Proprietors. The general trend is toward State control over county activities which lie in the realm of State administrative control, particularly in those cases where need is felt for uniformity in practice among the counties throughout the State. The judiciary is based on this development being a State activity exercised through the medium of judicial districts composed of one, two or three counties.

Registration of Title to Property. Under the Dutch, titles for land, in the region which later became Pennsylvania, were made by patent. With the advent of the English, in many instances land was taken from the Dutch who had actively opposed them, and granted to others. All Dutch patents had to be renewed. All land held without patent was re- quired to be patented under English authority. Under the Duke of York vacant lands were granted by warrant and survey. Governor Andros ap- pointed a surveyor in 1676.190

Under the proprietary government of Pennsylvania prospective pur- chasers of land were required to make application in writing to the Land Office. This application was entered in a book, and a warrant, or order, was thereupon issued by the Secretary of the Land Office directing the Surveyor General to make a survey for the warrantees. A report of the survey was returned to the Land Office. Upon its acceptance the war- rantee was entitled, upon payment of the purchase price, to receive a patent on the land.101 This procedure was continued under the govern- ment of the Commonwealth according to the former customs and usages of the Proprietary Land Office.

Although modifications have been introduced in the matter of filing orig- inal titles, the essential outlines of procedure have been preserved.192 In 1792 the Deputy Surveyor was directed to keep books in which to enter applications for warrants and descriptions of the land, and after com- pleting his survey, to record the boundaries in a survey book.103 A signifi- cant change occurred in 1850 when the task of executing surveys in the counties was given to an elected county surveyor who replaced the ap- pointed deputy surveyor.194

190 Sergeant, op. cit., pp. 20-26.

191 Robert G. Bushong, Pennsylvania Land Lave, I, 332-338.

182 Ibid., p. 350; 1781, 1 Sm.L. 529; 1784, 2 Sm.L. 102. Under the Duke of York the clerks of sessions recorded titles. Under the proprietary government a master of rolls performed this function. See discussion supra.

193 1792, 3 Sm.L. 70 sec. 5.

194 1850 P.L. 434 secs. 5, 10.

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COUNTY GOVERNMENT

Legislation designed to establish a system for recording instruments re- lating to the conveyance of land was passed in 1715. In that year the basis of the present method was instituted when the office of recorder of deeds was established for the purpose of recording every deed and mortgage brought to his office.11’5 Subsequent legislation imposed upon him the duty of keeping appropriate indexes. 100 It was not until 1846, however, that the recorder of deeds was required to record original patents granted by the Commonwealth, as well as deeds of sheriffs, coroners, and treasurers.187 In 1818 he had been directed to record deeds of assignment for the benefit of creditors, ,ns and in 1855, deeds of assignment for the benefit of creditors filed by nonresidents. ,8!1 The existing system of recording satisfactions of mortgages was instituted in 1715 when the mortgagee or his attorney, at the request of the mortgagor, was required to enter satisfaction on the margin of the record in the recorder’s office.200 In 1849 the recorder was required to keep a record of assignments of mortgages.201

In all transactions involving land the tract must be identified. The identification on the record need not be a formal description, but may be by name,JI" by number, by adjoiner.2" ' or by a description of any house erected on it. * 1 I he method used is to locate the tract and fix either natural or artificial points on the ground, designating the owners of the adjoining iand, the directions of the boundary lines ascertained by means of a survey- ing instrument, the length of the boundary lines from point to point, and the area of the tract.205

Liens affecting the title to property, other than mortgages, must be re- corded in the office of the prothonotary of the court of common pleas. Of

1/15, 1 Sm.L. 94 sec. 1. For comment on earlier attempts to establish a recording system, see Bushong, op. cit., II, 740, 741.

1827 P.L. 154 sec. 5; 1875 P.L. 32 secs. 1-4.

”'7 1846 P.L. 124 No. 100 sec. 1.

' 1818 P.L. 285 sec. 5; 1901 P.L. 404 secs. 9, 10.

1855 P.L. 415 sec. 1 ; 1857 P.L. 298 sec. 2.

' 1715, 1 Sm.L. 94 secs. 9. 10; 1849 P.L. 524 sec. 14; 1915 P.L. 198 No. 108.

1849 P.L. 524 sec. 14. Before 1849 there was a conflict of opinion on the recording

of assignments of mortgages under 1775, 1 Sm.L. 422. See Bushong, op. cit., I, 188.

"■Class v. Gilbert, 58 Pa. 266 (1868) ; McClements’ Appeal, 2 Super. 433.

C re i Icy and Demis v. 7 homas, 56 Pa. 35 (3867) ; W. I. Bachop v. Stephen Critch- Inw. 142 Pa. 518 (1891) ; Fuller v. Cole, 33 Super. 653 (1907).

1 Bennett v. Billie, 4 Rawle 339 (1834) ; Rogers v. Smith, 4 Pa. 93 (1846) ; Szvartc

ivartc, 4 Pa. 353 (1846) ; Wright v. Chestnut Hill Iron Ore Company, 45 Pa. 475 (1863). See also 1868 P.L. 97 sec. 1 and 1917 P.L. 447 sec. 34(a).

Bushong, op. cit., I, 310.

GOVERNMENT ORGANIZATION

27

these the most important are judgments, mechanics’ liens, municipal liens, liens of inheritance taxes, liquid fuel taxes, Federal taxes, surplus money bonds, and attachments.

The prothonotary is likewise the custodian of the important records relating to property. He must keep a partition docket in which he enters all the proceedings in partition under the jurisdiction of the court of com- mon pleas.206 Partition proceedings of estates under the jurisdiction of the orphans’ court must be recorded in a docket kept by the clerk of orphans’ court.207

Judiciary. The first courts of justice in the area which was later to be- come Pennsylvania were established under the Swedes and the Dutch.208 In the Swedish settlement apparently Governor Printz himself admin- istered justice.209 Under the Dutch, the sellout, the principal prosecuting officer of the district, whose duties combined those of a sheriff and district attorney, convened the justices’ court. Where local courts were established the justices were known as schepens. Their jurisdiction was limited to cases involving 100 guilders ; in cases beyond that amount there could be appeal to the Director General and council of the New Netherlands. The schepens also had criminal jurisdiction subject to appeal.210 At the last period of Dutch dominion three judicial districts were recognized, one for Whorekill, another for New Amstel, and a third for Upland. The district of Upland was the portion of southeastern Pennsylvania which was then settled.211

The period of the Duke of York's rule began in 1664. Dutch and Swed- ish magistrates were continued in office but English jurisprudence was established.212 The principal court was the general court of assizes, held once a year, presided over by the Governor, and composed of the council, mayor, and aldermen of New York, and the justices of the various courts of sessions. It had legislative as well as judicial functions and it heard ap-

208 1850 P.L. 569 sec. 27.

■-07 1889 P.L. 23 No. 21 sec. 1 ; 1917 P.L. 337 sec. 42.

2ns Loyd, op. cit., p. 2.

209 Ibid.

Loyd, op. cit., p. 5. These courts were our earliest county courts and continued as such till the coming of Penn, ibid., p. 34. The Upland court is really the first county court on Pennsylvania soil. Ihe court was held by any three of six justices of the peace named by the Governor. Iheir commissions were good for 1 year or until further notice.

2,1 Ibid., p. 7.

212 Ibid., pp. 9, 10.

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COUNTY GOVERNMENT

peals from the courts of sessions, tried the more important civil cases and all capital cases where a special commission of oyer and terminer had not been established.213 Courts of sessions were established in the ridings, which were held three times a year and were attended by the justices of the peace. The Governor presided; if he was unable to attend, then a member of the council or the senior justice presided.214 This court had jurisdiction in actions involving 5 to 20 pounds, could grant letters of administration, and was bound to keep peace, try petty offenders, and grant liquor licenses. Provision was also made for a town court consisting of the constables and overseers. Its functions were chiefly administrative.215

Under Penn the executive powers were vested in the Governor and Provincial Council, and the legislative powers in these agencies together with the General Assembly of the representatives of the freemen of the province. The judiciary consisted of courts to be erected by the Governor and Council, the Council nominating a double number of candidates from whom the Governor was to select a proper number for each office. This was the only provision for the judiciary in the organic bodies of laws of this period. The early constitutions were mainly concerned with the ex- pression of the fundamental rights of man.210

Penn immediately appointed six justices of the peace for New Castle and sent out notices for the holding of a court. The province of Pennsyl- vania was divided into the counties of Philadelphia, Chester, and Bucks within the first year of the proprietorship, and the county courts continued as constituted in the Duke of York’s laws. The number of the justices varied and in some cases a man of importance was commissioned as jus- tice for the whole province.217 The jurisdiction was vague both as to civil and criminal matters.218 Voluntary arbitration was practiced by three persons chosen yearly as common peacemakers from 1683 to 1692. 210 The county courts were vested with criminal jurisdiction in all except the crimes of treason, murder, manslaughter, burglary, rape, and arson. At times, however, special commissions of oyer and terminer were issued to some of the justices to try a special offender.220

Ibid., pp. 16, 17 ; Duke of York’s Book of Laws in Charier to William Penn, p. 11.

3" Loyd, op. cit., p. 17.

3,3 Ibid., p. 19.

”• Ibid., pp. 46, 47.

“T Loyd, op. cit., p. 48.

5” Ibid.

~' J Ibid., pp. 48, 49; Colonial Records of Pennsylvania, I, 7, 34.

320 Ibid., p. 52.

GOVERNMENT ORGANIZATION

29

In 1683 the justices of each county court were required to sit, twice each year, as an orphans’ court “That care may be taken for those, that are not able to care for themselves.” 221 The courts of assizes had been replaced by the Provincial Council as appellate courts but the business was found to be too great to take care of all appeals. In 1684, therefore, an act was passed which provided for five provincial judges, appointed by the Governor, any three of whom “shall be a Provincial Court and sit twice every year in the town of Philadelphia.” Any two of them were to go on circuit every spring and fall and hold court in every county.222 A year later the number of provincial judges was reduced to three. The original number was re- stored in 1690. 223 Throughout the first 20 years of the proprietorship the Provincial Council transacted a large amount of judicial business. Prior to the establishment of the Provincial Court the Council heard all appeals ; after its establishment such hearings were discouraged, but appeals con- tinued to be brought before the Council for several years. The Council was also the only court for the trial of serious crimes until 1685 when that jurisdiction was conferred on the provincial courts.224

With the adoption of the Charter of Privileges in 1701, the government of the province assumed a form that it was destined to retain, with slight variations, until the Revolution. The Assembly now had the power to pre- pare, propose, and enact laws. The Council ceased to exercise judicial powers. It ceased to be elected but was appointed by the Proprietor in- stead.225 An act of 1701 provided for the holding of “County Courts of Sessions,” three justices to constitute a quorum with jurisdiction in civil and criminal matters except for capital cases.226 These courts were mod- eled on the English courts of common pleas. The county courts were given equity powers in addition to their other jurisdiction. The Provincial Court continued as formerly constituted, to hear appeals from the county courts and to try capital cases and serious crimes. This same judiciary act pro-

221 Laws of the Assembly, March 1, 1683, in Charter to William Penn, p. 131 ch. LXXVII.

222 Laws of the Assembly, May 10, 1684, in Charter to William Penn, p. 168 ch.

jCLVIII.

223 Laws of the Assembly, May 10, 1685, in Charter to William Penn, p. 178 ch. CLXXXII; Laws of the Assembly, May 10, 1690, in Charter to William Penn, p. 184 :h. CXCVII ; Laws of the Assembly, May 15 and June 1, 1693, in Charter to William Penn, p. 225 sec. 3.

I 224 Loyd, op. cit., pp. 63-69.

225 Ibid., p. 73.

220 1701, II St. at L. 148 rep. 1705, II St. at L. 456, 482.

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COUNTY GOVERNMENT

vided for the duties of the orphans’ court. When the act of 1701 was re- pealed in 1705 the judicial system was left in a state of confusion. In view of the controversy over the passage of a new bill, Governor Evans issued an ordinance for the establishment of the courts. The ordinance for the first time designated the Provincial Court the “Supreme Court of Penn- sylvania." This court was to consist of three judges appointed by separate commissions and was to sit twice a year in each county. It had appellate jurisdiction and was given power to hold a court of equity."7 For the first time a separate court of quarter sessions of the peace was constituted. The county courts, designated “County Courts of Common Pleas,” were to be held by justices of the courts of general quarter sessions of the peace. These courts had in civil matters practically the same jurisdiction as the former county courts and all writs and processes were to issue out of the office of the prothonotary. This provision contains the first use of the term prothonotary in the Commonwealth. The courts of common pleas were to hold courts of equity four times a year. Special commissions of oyer and terminer and jail delivery were to be granted any county for the trial of capital offences.

The Evans ordinance remained in force until it was replaced by the Judiciary Act of 1710-11.""' In this act four judges constituted the Su- preme Court with appellate jurisdiction in law and equity. The plan of the Evans ordinance concerning the practice of separate courts of quarter ses- •dnns and common pleas and a separate commission of oyer and terminer was retained. This act was repealed in 1713,220 and “An act for estab- lishing Orphans’ Court,” declaring the orphans’ court a court of record, was passed in the same year. The act of 1713 became the basis of all subsequent legislation referring to the orphans’ court.230 In 1715 an act was passed regulating appeals to Great Britain.231 In the same year, in order to meet the expediency of having all of their acts disallowed, the Assembly decided 1 to pass separate bills relating to the judiciary. It passed an act for the estab- lishment of the Supreme Court,232 another for that of the courts of quarter sessions,233 another for that of the courts of common pleas,234 and still

727 Eastman, op. cit., I, 187 ; Loyd, op. cit., p. 80.

” 1710-11, II St. at L. 301.

279 1713, II St. at L. 548.

Loyd, op. cit., p. 82.

331 1715, III St. at L. 32.

:n Ibid., 65.

“ Ibid., 33.

04 Ibid., 69.

GOVERNMENT ORGANIZATION

31

another providing for "the Better Ascertaining the Practice of the Courts of Judicature in this Province.” 235 The only basic difference between these acts and the act of 1711 was that the Supreme Court was given original jurisdiction of all matters cognizable by the other courts and was to try all capital cases which were formerly tried by the commission of oyer and terminer. All of these acts were repealed in 1719.236 The province was again without courts. Governor Keith met this situation by issuing com- missions to the provincial and county courts authorizing them to try cases.237 This expedient, which was found impracticable, was replaced by law in 1722. 238 Provision was made for county courts of quarter sessions and for similar county courts of common pleas, with authority to hold pleas of assizes and all types of actions, civil, personal, real, and mixed, to be held after the quarter sessions. These courts were composed of justices ap- pointed by the Governor. It was provided that a court of record be held twice yearly in Philadelphia, to be called the Supreme Court and to con- sist of three persons commissioned by the Governor, with appellate juris- diction from the county courts and authority to issue writs of habeas corpus, certiorari, and other remedial writs. In 1727 an act was passed which attempted to deprive the Supreme Court of the power to institute original process, but this measure was short-lived.239

By act of September 29, 1759, the judges of the court of common pleas were appointed to hold the orphans’ court, a duty which had previously been performed by the quarter sessions. The judges of quarter sessions were not to sit in common pleas ; the court of common pleas was to consist of five persons. However, other issues contained in the act caused discus- sion and difficulty so that it was disapproved on September 2, 1760. 240 In 1767 an act of Assembly increased the number of supreme judges to four and made several procedural changes.241 It was the practice prior to the Revolution to issue a joint commission to the justices of the peace of each county authorizing three or more of them to hold the quarter sessions and also assigning any three or more of them to hold the common pleas.

235 Ibid., 73.

238 Eastman, op. cit., I, 223.

2J' Historical notes in Charter to William Penn, p. 382.

233 1722, III St. at L. 298.

2S“ Loyd, op. cit., p. 96.

240 Ibid., pp. 98, 99.

241 1767, VII St. at L. 107.

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COUNTY GOVERNMENT

Separate commissions were issued to the Supreme Court justices together with a joint commission of oyer and terminer.242

Before the beginning of the Revolution the administration of justice was vested in the county courts of quarter sessions, common pleas, and orphans’ courts. These courts were presided over by the justices of the peace, who were commissioned by the Governor, and were not required to be learned in the law. There was a Supreme Provincial Court. It consisted at first of five, later of three, and finally of four judges, of whom the chief justice was generally a lawyer or possessed of some legal experience. This court had original criminal jurisdiction in capital cases and general appellate jurisdiction. The original jurisdiction in civil cases though not clearly de- fined, was assumed to exist in cases of fines and common recoveries. Ap- pealed cases involving issues of fact were tried in the Supreme Court before a jury. The court sat twice a year in Philadelphia and went on cir- cuit to the other counties. In certain cases appeals from this court could be taken to the King in council. “There were special courts, such as that of the corporation of Philadelphia and that for the trial of Negroes, and finally the court of vice-admiralty of the crown.” 24:1

With the beginning of the Revolution the proprietary government of the Penns collapsed, and the system of courts which they had established was reorganized. Under the Constitution of 1776, which replaced Penn’s Charter, the executive power was vested in a General Assembly and a Supreme Executive Council. The latter was composed of 12 members whose tenure was 3 years. The president and vice president were elected by joint ballot of the Council and the Assembly. The selection and grant- ing of commissions to all judges and other officers was to be done by the president and Council, who were also to fill all vacancies. The judiciary consisted of a Supreme Court, the justices of which were to be commis- sioned for 7 years and to be removable for misbehavior at any time by the General Assembly. The other branches of the judiciary were courts of ses- sions, common pleas, and orphans’ courts.244

Provision was made for the election of justices of the peace by freehold- ers of each city and county; that is, the freeholders were to elect two or more persons for each ward, township, or district and return them to the President in Council who was to commission one or more for each such

3,3 Loyd, op. cit., pp. 102, 103.

343 Loyd, op. cit., p. 106.

344 Eastman, 0p. cit., I, 271-273; 1777, IX St. at L. 29.

GOVERNMENT ORGANIZATION

33

political subdivision to serve for 7 years.245 An act of 1777 putting these provisions into effect provided that the courts of quarter sessions and jail delivery, petty sessions, common pleas, orphans’ courts, Supreme Court, and courts of oyer and terminer and general jail delivery should he held in each county with the authority held in the province and the jurisdiction designated by the constitution. The president and Council were to appoint one of the elected justices in each county to preside in the respective courts.246 The authority of the provincial courts was thus continued.

A court of admiralty was created in 177 6 247 but admiralty jurisdiction was made a Federal function with the adoption of the United States Con- stitution.248

The Constitution of 1776 was considered quite inadequate and was re- placed by the Constitution of 1790. The first basic change inaugurated was the establishment of a bicameral legislature and the office of Governor. The Supreme Court's jurisdiction extended over the State and its justices were declared, by virtue of their offices, to be justices of oyer and terminer and general jail delivery in the several counties. The judges of the court of common pleas were to compose the court of quarter sessions of the peace and the orphans’ court of each county. The register of wills with the judges of the court of common pleas were to constitute a new court desig- nated the register’s court. The State was, for the first time, to be divided into judicial districts or circuits, none of which should include more than six or fewer than three counties. Prior to that time each county had been a judicial unit, a quorum of the justices of the peace for each county con- stituting the courts. The Governor was authorized to appoint a president judge for each circuit, and associate judges, no less than three nor more than four, in each county. They served during good behavior.240

In 1791 the courts were established in conformity with the new consti- tution and the State was divided into five judicial districts.250 A high court of errors and appeals was organized under this act, consisting of the jus- tices of the Supreme Court, the president judges of the common pleas, and three other persons of “known legal ability commissioned in the same man- ner as the judges of the Supreme Court.” This court was abolished, how-

245 Const, of 1776, sec. 30.

246 1777, IX St. at L. 29.

247 1776, VIII St. at L. 519.

248 U. S. Const., art. Ill, sec. 2.

248 Const, of 1790, art. V. Sec List of Judicial Districts, appendix.

250 1791, 3 Sm.L. 28.

34

COUNTY GOVERNMENT

ever, in 1806 and its powers were vested in the Supreme Court.251 Many experiments were made relating to the Supreme Court, one of the results being the establishment of a circuit court at Philadelphia. The circuit court system was soon adopted in Pittsburgh and Lancaster, but it was abolished for all counties in 1834.252

Important changes relative to the appointment of judges were prescribed by the Constitution of 1838. The terms of the Supreme Court justices were fixed at 15 years.253 The Governor was empowered to appoint all judges of the court of common pleas. His appointments became subject to the approval of the State Senate and the terms of the associate and presi- dent judges were fixed at 5 and 10 years respectively. This constitution was amended in 1850 and the judges became elective officials.254 This amendment was further bolstered by legislation in 1851 when the General Assembly declared that the qualified electors of each county should elect one person to serve as president judge of the judicial district in which such county was located and two associate judges of the courts of such county. The judicial power of the Commonwealth continued in the hands of the Su- preme Court, in courts of oyer and terminer and general jail delivery, in a court of common pleas, orphans’ court, register’s court, and a court of quarter sessions of the peace for each county, in justices of the peace and in such other courts as the legislature might wish to establish in the future.255

The final changes effected by an organic body of laws were those made by the Constitution of 1874. The judicial power was now vested in a Su- preme Court, in courts of common pleas, courts of oyer and terminer and general jail delivery, courts of quarter sessions of the peace, orphans’ courts, magistrates’ courts, and in such other courts as the General As- sembly might from time to time establish.250 The judges of the Supreme Court were to number seven, to be elected, and to hold office for 21 years.257 The courts of common pleas were continued in the same manner and it was provided that no judicial district shall contain more than four coun- ties.25< The people were to elect one judge learned in the law and such

"-31 1806, 4 Sm.L. 270.

"’Loyd, op. cit., pp. 135-138.

”* Const, of 1838, art. V, sec. 2.

“'Ibid, as am. 1850. See also 1851 P.L. 648. Under sec. 3 of this act and under the Const, of 1838 the president judge had to be learned in the law.

1,5 Const, of 1838, art. V, secs. 1-9. w Const., art. V, sec. 1.

"7 Ibid., sec. 2.

Ibid., sec. 4.

GOVERNMENT ORGANIZATION

35

additional judges as the General Assembly might provide. The office of associate judge not learned in the law was abolished in counties constitut- ing a separate judicial district.259 Judges of the courts of common pleas learned in the law were declared to be judges of the court of quarter ses- sions of the peace, oyer and terminer and general jail delivery, and of the orphans’ court, and within their respective districts, justices of the peace as to criminal matters.260 The register’s court was abolished.261

Before summarizing the jurisdiction of the various branches of the judiciary as finally established under the Constitution of 1874 it will be well to summarize the development of equity jurisdiction and the register's and orphans’ courts.

Pennsylvania has always made some provision for the settlement of suits in equity, that is suits not triable according to technical forms of law. Yet, except for a very short period in its history, it has never had a separate court of chancery. Under the Duke of York equity was administered through the Court of Assizes at New York.262 Later, equity jurisdiction was conferred on the town courts, if a matter under 5 pounds, and on the courts of sessions if under 20 pounds.263 Penn took over the courts as he found them. In 1684 an act of Assembly 264 provided that “the Quarter Sessions be as well a court of Equity as Law” and that the judges of the Provincial Court should have cognizance of appeals and all causes, both in law and equffv, not determinable by the county courts. The county courts were again given equity jurisdiction in 1690 and the Provincial Court was given appellate jurisdiction in matters both at law and equity.265

The Judiciary Act of 1701 mentioned earlier in this chapter provided that the county courts should hear and determine all such causes of equity as should come before them, with appeals to the Provincial Court. This provision was reiterated in the Judiciary Act of 1711. But in 1715 the Judiciary Act did not confer equity jurisdiction on the courts of common pleas which were established by an act of Assembly of the same year. In- stead, this jurisdiction was given to the Supreme Court exclusively. When judiciary acts were rendered ineffectual, Governor Keith was given power

259 Ibid., sec. 5.

260 Ibid., sec. 9.

261 Ibid., sec. 22.

262 Duke of York’s Laws in Charter to William Penn, p. 35.

243 Ibid., p. 61.

264 Acts of the Assembly, May 10, 1684, in Charter to William Penn, p. 167.

^ Laws of the Assembly, May 10, 1690 reen. May 15 and June 1, 1693, in Charter to William Penn, pp. 184, 214, 225.

36

COUNTY GOVERNMENT

by the Council on August 6, 1720, to be a chancellor in equity and to hold a court of equity for the province. Governor Gordon continued this court upon assumption of his office in 1726. The courts met with much opposi- tion and practically died with Gordon in 1736,2';0 and this was the first and last of a separate court of chancery in Pennsylvania. The practice of ad- ministering equity through common law forms was developed in its stead. Several acts in 1757,207 1761 ,~,5S 1772'-™ and 1 774 -70 related to equity jurisdiction. The Constitution of 1776 gave the Supreme Court and the courts of common pleas chancery powers as to particularly designated mat- ters.-71 The Supreme Court’s equity powers were extended further in 1786 and 1789. 272 Under the Constitution of 1790 all equity jurisdiction was conferred on the existing courts of common pleas and the Supreme Court of the State,27'1 and in 1836 equity powers were clearly defined as consti- tuting part of the jurisdiction of the courts of common pleas and the Su- preme Court. Some specific equitable remedies were confined to the court of common pleas of Philadelphia County,274 but this was extended to all counties 20 years later.277' The Supreme Court was eventually deprived of original equity jurisdiction by the Constitution of 1874 except in cases of injunction where a corporation was a party defendant.270 Thus we are brought up to the present without a separate court of equity or chancery.

The orphans’ court in Pennsylvania followed a somewhat different course of development. Under the Duke of York provisions were made for the care of property of decedents. All cases of probate and administra- tion were to be adjudged in the courts of sessions.277 The probate of wills was accomplished through the Governor and a department known as the prerogative court developed in his office. The jurisdiction of this office was placed in the hands of local delegates where minor matters were concerned.

Eastman, of>. cit., pp. 234, 235.

1757, V St. at L. 315.

1761, VI St. at L. 100.

]772i VIn St at L 245

170 1774. VIII St. at L. 254.

271 Const, of 1776, ch. II, sec. 24.

773 1786, 2 Sm.L. 375; 1789, 2 Sm.L. 500.

178 Const, of 1790, art. V, sec. VI.

274 1836 P.L. 784 sec. 13.

275 1857 P.L. 89.

274 Const., art. V, sec. 3.

2" Duke of York’s Laws in Charier to William Penn, pp. 5, 6.

GOVERNMENT ORGANIZATION

37

This prerogative court continued to operate until it was succeeded by a probate court in 1 7787 78

In the Laws Agreed upon in England provision was made for a register of births, marriages, burials, wills, and letters of administration as dis- tinguished from the office for recording deeds.279 Shortly thereafter this provision was reiterated in the Great Body of Laws of the Province 280 and a Register General was appointed. Deputies of the Register General were appointed in each county. In an act of 1705 the duties of the Register General and his deputies were defined.281 This act was really a recognition of the practice in the appointment of these officers but it also contained de- tailed provisions for the probate of wills. An act of 1712 provided that vacancies in the office of Register General should be filled within 3 weeks by the Governor ; if the Governor failed to act the agents of the proprietary were to appoint someone; if they failed, the vacancy was to be filled by the judges of the Philadelphia court of common pleas.282 The judges of com- mon pleas were to be called upon for assistance in determining controversies in the settlement of dispute in the administration of wills.283 This practice was the forerunner of the register’s court.

In the same period the orphans’ court began to take form. In 1683 the justices of the respective county courts were required to “sit twice every year to inspect and take care of the estates, usage and Employment of Orphans, which shall be called the orphans’ court . . . that care may be taken for those that are not able to take care for themselves.” 284 Attempts were made to alter and define the jurisdiction of this court in 1701 285 and 1705-6. 2S8 It was the act of 1712-13, however, which really became the source of orphans’ court jurisdiction for many years to come.287 The jus- tices of the court of quarter sessions were empowered to hold a court of record, called the orphans’ court, with jurisdiction over the accounts of fiduciaries. Although the orphans’ court was here designated a court of

278 Loyd, op. cit., p. 216.

Laws Agreed upon in England, April 2, 1682, in Charter to William Penn, p. 101.

The Great Law or the Body of Laws, December 7, 1682, in Charter to William Penn, p. 110.

231 1705, II St. at L. 194.

282 1712, II St. at L. 421 sec. 1.

283 Ibid., sec. 3.

*“4 Acts of the Assembly, March 10, 1683, in Charter to William Penn, p. 131. Re- iterated 1700, II Stat. at L. 81 sec. 1.

286 1701, II St. at L. 148 secs. 8-11.

286 1705-6, II St. at L. 199.

287 1712-13, III St. at L. 14.

COUNTY GOVERNMENT

38

record it was not so treated for many years to come. The orphans’ court was to be held quarterly in each city and county under the Constitution of 1776 2HS and its former jurisdiction was reaffirmed in 1777. 2S0 The office of Register General was abolished and registers of wills, instead of deputies of the Register General, were to perform the necessary work. The registers were to be appointed for each county by the General Assembly.200

The Constitution of 1790 provided that the judges of the court of com- mon pleas of each county should constitute the orphans' court and that they together with the register of wills should compose a register's court.201 It also placed the power of appointment of the registers in the hands of the Governor.202

In an act of 1832 the register of wills was granted jurisdiction of pro- bating wills, granting letters of administration, and the passing and filing of accounts of fiduciaries. Disputes were to be settled in the register’s court as set up under the Constitution of 1790.203 In a later act of the same year the jurisdiction of the orphans' court was redefined and broadened.20'1 This act, together with those which followed it, firmly established the orphans’ court.

The Constitution of 1838 as amended in 1850 made the register of wills an elective officer and continued the register's court and orphans’ court as formerly constituted.205

The Constitution of 1874 provided for the establishment of a separate orphans’ court with separate judges in the counties having a population of 150,000 or more. The General Assembly was also given the optional power to establish a separate orphans’ court in all counties. The jurisdic- tion of the former register’s court was transferred to the orphans’ court and the register’s court was abolished.200 In all counties where a separate orphans’ court was to be established the register of wills was declared to be clerk of orphans’ court.207

The “seven sister acts” passed in 1917 continued these constitutional

** Const, of 1776, ch. II, sec. 26.

*"• 1777, IX St. at L. 29.

100 Ibid., 68.

Const, of 1790, art. V, sec. 7. See also 1791, 3 Sm.L. 28.

M Const, of 1790, art. V, sec. 11.

”*18 32 P.L. 135.

** 1832 P.L. 190.

”* Const, of 1838, art. VI, sec. 3 as am. 1850. art. V, sec. 3.

”* Const., art. V, sec. 22.

™ Ibid.

GOVERNMENT ORGANIZATION

39

provisions, summarized the voluminous legislation relating to registers of wills and the jurisdiction of the orphans’ court, and with their amend- ments, remain today the basic authority for all matters relating to the estates of decedents and orphans.298

In a brief summary of the judicial hierarchy as it exists today and in ex- planation of the jurisdiction of the courts which compose this hierarchy the Supreme Court of Pennsylvania must be considered first. The discus- sion of the development of the judicial system has indicated that this court was preceded by the Provincial Courts. Established in Evans’ ordinance of 1707, it is the highest court in the State as to those matters which come within its jurisdiction.299 It operates for the State as a whole and consists of seven elective judges who hold their office for 21 years. The judge whose commission expires first is Chief Justice. By virtue of their offices the judges are justices of oyer and terminer and general jail delivery in the several counties. They have original jurisdiction in cases of injunction where a corporation is a party defendant, of habeas corpus, of mandamus to courts of inferior jurisdiction, and of quo warranto as to all officers of the Commonwealth whose jurisdiction extends over the State.300 They have appellate jurisdiction by appeal, certiorari, or writ of error in civil cases involving sums over $2,500 and in criminal cases following felonious homicide.301

The Superior Court, established in 189 5, 302 is the only other true appel- late court in Pennsylvania. Its authority is purely statutory and is ex- pressly limited. It is in a sense an intermediate court of appeal, composed of seven elected judges learned in the law. Their term is 10 years. This court has no original jurisdiction except if occasion arises, to issue writs of habeas corpus returnable to the Superior Court.303 The Superior Court has final and exclusive appellate jurisdiction of all appeals which were at the time it was instituted allowed to the Supreme Court in cases involving appeals from the court of quarter sessions. An exception was made of

298 1917 P.L. 337, 363, 388, 403, 415, 429, 447.

299 Governor Evans Ordinance, February 22, 1707, in Charter to William Penn, p. 319; 1722, 1 Dali. 171 sec. 11. See also the various judiciary acts referred to supra.

300 Const., art. V, sec. 3. In some cases the Supreme Court has taken original juris- diction where unusual public importance and desirability for speed in determining public action necessitated it. See: Tranter v. Allegheny County Authority, 316 Pa. 65 (1934) ; and Corporation for Relief of Widows v. Philadelphia, 317 Pa. 76 (1935).

301 1836 P.L. 784 sec. 1 ; Comm. v. Jones, 303 Pa. 551 (1931).

302 1895 P.L. 212 sec. 1.

803 Ibid., sec. 3.

40

COUNTY GOVERNMENT

cases involving the right to a public office in which cases appeal still lies to the Supreme Court. Other cases of appellate jurisdiction taken away from the Supreme Court and given to the Superior Court were cases appealed from the courts of oyer and terminer except for felonious homicide; enumerated cases appealed from the court of common pleas and orphans’ court ; and any case where the parties file an agreement stipulation to have it heard by the Superior Court, in spite of the fact that the case would have been appealable directly to the Supreme Court. The civil jurisdiction is further limited to cases involving less than $2,500.304

Appeal may be taken from the Superior Court only if the jurisdiction of the Superior Court is in issue, if the Constitution of the United States is involved, il the State Constitution is involved, or if appeal is allowed by the Superior Court itself or by one justice of the Supreme Court.305

I lie courts irom which all of these appeals are taken are the next rung down in the judicial ladder. These are the courts of the judicial districts, i hey consist of three main branches, the court of common pleas, the court o! quarter sessions, and the court of oyer and terminer. From time to time the jurisdiction of these courts has been restated."00 In counties where there is more than one judge learned in law, these courts may try cases on the .same trial list 01 hold separate courts for the trial of cases in common pleas, quarter sessions, oyer and terminer, and equity. In those counties where there is no separate orphans’ court they may also hold orphans’ court.307

1 he courts of common pleas have the jurisdiction and the power to hear and determine all pleas, actions, and suits, civil, personal, real, and mixed “according to the constitution and laws of this Commonwealth.” Besides tlioe ordinary powers the courts of common pleas were specifically granted equity jurisdiction under the constitution.308 Further jurisdiction of the common pleas is extended to cases in which the Commonwealth is a party.300

!bid" secs. 1, 7; 1895 P.L. 248 sec. 3 am. 1923 P.L. 3 No 2 sec 1 nn° 1 895 P.L. 212 sec. 7.

For a discussion of the provincial and post-Revolutionary development of the jurisdiction of these courts, sec Eastman, op. cit., I, 91, 151, 220, 311. See also the acts of 1836 P.L. 784 sec. 12; 1860 P.L. 427 secs. 31, 32; 1901 P.L. 605 sec. 1.

7 1834 P.L. 333 sec. 43; 1875 P.L. 25 sec. 1; 1876 P.L. 19 sec. 1 rep. 1917 P.L. 363 sec. 24.

Const., art. V, sec. 20. See also 1700, II St. at L. 134 sec. 1; 1836 P.L. 784 secs. 12, 13.

1901 P.L. 637 sec. 1. An exception is made to this rule in the tax cases where the Commonwealth is a party. The court of common pleas of Dauphin County has express jurisdiction in these matters. See act of 1870 P.L. 57.

GOVERNMENT ORGANIZATION

41

The courts of quarter sessions have jurisdiction over all crimes and misdemeanors of which exclusive jurisdiction is not given to the court of oyer and terminer. The quarter sessions may, further, take, continue, or discharge obligations of individuals bound to keep the peace.310 In addi- tion to this general criminal jurisdiction, specific jurisdiction over several civil and quasi-criminal matters such as roads and bridges, disputed municipal boundaries, the widening of navigable streams, and desertion and nonsupport has been bestowed upon the court of quarter sessions.311 The quarter sessions court has exclusive jurisdiction over dependent, neglected, and delinquent children under 18 years of age, except in cases involving homicide.312 It had exercised jurisdiction over dependent and delinquent children as far back as the end of the eighteenth century.313 Hence, in the natural course of its development, this court was given gen- eral supervision over probation and parole matters as to dependent and neglected children when that system was established in 1901. 311 This sys- tem was extended in 1909 to adult offenders convicted for the first time for any but the most serious crimes,315 in 1911, to persons paroled from county penal institutions 316 and in 1913 to cases of domestic desertion.317

Closely related to the probation and parole work of the court of quarter sessions is the matter of provision for the detention of juvenile delinquents. The court of quarter sessions sitting in juvenile cases is sometimes re- ferred to as the “juvenile court. “ There are no separate juvenile courts in Pennsylvania, except in Allegheny County,318 but the need for the separation of the trials of juvenile and adult offenders was felt in the latter part of the nineteenth century. In 1S93 provisions were made for hearing juvenile cases separately, by the criminal courts.319 More specific rules for the trial of juveniles were made in the Juvenile Court Law of

310 1860 P.L. 427 sec. 32.

3" See Title 36 of Purdon’s Pennsylvania Statutes Annotated, Permanent Edition, hereinafter cited as Purdon’s Annotated Statutes; 1867 P.L. 78 sec. 1 ; 1895 P.L. 316 secs. 1, 2; 1879 P.L. 100 sec. 1 ; 1893 P.L. 284 sec. 3 as rep. and reen.

312 1903 P.L. 274 sec. 1 am. 1933 P.L. 1433 sec. 1 further am. 1939 P.L. 394 sec. 1.

313 1799, 3 Sm.L. 385 sec. 2; 1836 P.L. 539 secs. 31, 39; 1879 P.L. 84 sec. 1.

314 1901 P.L. 279 sec. 6 rep. 1903 P.L. 274 sec. 12; 1903 P.L. 274 sec. 3 am. 1909 P.L. 89 sec. 1 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 17.

315 1909 P.L. 495 sec. 1.

316 1911 P.L. 1055 sec. 1 am. 1925 P.L. 554 No. 297 sec. 1 ; 1911 P.L. 1055 sec. 3 am. 1919 P.L. 569 sec. 1.

317 1913 P.L. 502 sec. 1 sup. 1917 P. L. 268; 1917 P.L. 773 No. 290 sec. 4.

3,8 1933 P.L. 1449 sec. 201.

310 1893 P.L. 459 No. 328 rep. 1933 P.L. 1433 sec. 28.

COUNTY GOVERNMENT

42

1901 320 tw0 years later separate accommodations were provided for juvenile offenders awaiting trial. This was the basis for the later juvenile detention homes, which are under the control of the county commission- ers.'1-1 Various practices have been adopted in different counties to meet this situation, from the construction of separate buildings to the commit- ment of delinquent children to the care of their parents.

The court of oyer and terminer has the power to try all crimes committed in the county and it has exclusive jurisdiction in cases of murder, man- slaughter, or other homicide, cases of treason, sodomy, buggery, rape, rob- bery, statutory arson, mayhem, burglary, and other specified crimes.822

The orphans’ court, whether it be separate or not, has the jurisdiction bestowed upon it by the Orphans' Court Act of 1917. Adoption proceed- ings, the settlement of decedents’ estates and the estates of minors, the probate of wills, the granting of letters of administration, auditing and filing accounts of fiduciaries and compelling distribution are among its many powers in this respect.123

Justices of the peace, magistrates, and aldermen comprise the lowest rung of the judicial ladder. These officers are elected in the various wards, districts, townships, boroughs, and cities for terms of 6 years.324 Their courts are not courts of record; they have jurisdiction over lesser crimes and disputes. They may hold over cases brought before them for grand jury and subsequent trial in the courts of common pleas, quarter sessions, and oyer and terminer. They have specific jurisdiction in civil matters where the amount in controversy does not exceed $300 ; 323 in actions for penalties for breaches of municipal ordinances;320 and in cases where offenses made punishable by summary conviction have not been conferred upon any particular court.327

3M 1901 P.L. 279 sec. 3 rep. 1903 P.L. 274 sec. 12 but reen. in sec. 1 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 1.

311 1903 P.L. 274 No. 205 sec. 7 rep. 1933 P.L. 1433 sec. 28; 1903 P.L. 137 No. 98 sec. 1 am. 1913 P L. 870 No. 420 rep. 1933 P.L. 1433 sec. 28 but reen. in sec. 7 am. 1939 P.L. 394.

337 1836 P.L. 784 sec. 4 reen. 1860 P.L. 427 sec. 31 ; 1901 P.L. 879 No. 445 sec. 1.

333 1917 P.L. 363.

■‘Const., art. V, sec. 11 ; 1839 P.L. 376 sec. 1.

1810 P.L. 208, 5 Sm.L. 161 sec. 1; 1845 P.L. 72 sec. 3; 1879 P.L. 194 sec. 1. Philadelphia and Allegheny Counties have their own peculiar setups and the discussion herein contained may not be applied to them.

3-- 1835 P.L. 291 sec. 7; 1849 P.L. 409 sec. 7.

3:7 1929 P.L. 824 No. 356 sec. 1.

GOVERNMENT ORGANIZATION

43

Law Enforcement. The police power of the State is supreme. It re- mains unchallenged and uninterrupted by the Federal Government. It is a sovereign power to such an extent that any offense committed by an individual within its confines is considered an offense against the Com- monwealth. Only those offenses specifically granted to the Federal courts by the United States Constitution and the Judiciary Act of 1789 are not within the jurisdiction of the Commonwealth.

From the earliest times in colonial Pennsylvania the sheriff has been the chief conservator of the peace within the county on behalf of the State. One judge wrote in 1844: “On sheriffs and justices is the duty cast of conserving the public peace. The very name of sheriff indicates his duties, being derived from two Saxon words, seyre, that is, shire or county, and reave, keeper or guardian. He is, both by the common law and special commission the keeper of the peace of the Commonwealth within the county ... To execute such duties . . . every citizen capable of bearing arms ... is bound to yield a prompt obedience to his command, and repair to meet him at any appointed place of rendezvous within the county.”328

The sheriff’s power to suppress disorder may also be exercised by the coroner, by the local justice of the peace, the constable, or any other municipal officer.329 The Pennsylvania Motor Police operate in such a way as to supplement the work of the law enforcement officers where co- operation among the counties is necessary.

The investigation of crime and criminals is conducted by these officers and the district attorney, who is assisted by the county detectives. It has always been the duty of the coroner to investigate deaths of a suspicious or violent nature and to hold inquest.330 The coroner as a judicial officer may empanel a jury of not more than six 331 and may compel the attend- ance of witnesses to assist him in determining the causes of deaths and in fixing the responsibility.332 If the jury has determined the responsibility for a death, it is the coroner’s duty to apprehend the person so charged, for which purpose he may direct his warrant to the sheriff. The coroner is also a committing magistrate and if the jury should find a person guilty of homicide, it is his duty to commit that person to prison, without bail,

828 In Re Riots of 1844, 2 Pa. L. J., 135, 283 (1844).

329 Sylvester B. Sadler, Criminal Procedure in Pennsylvania, I, 106.

580 1907 P.L. 92.

831 1857 P.L. 536 No. 592.

388 Re Pozver of Coroner, 11 Phila. 387 (1875).

44

COUNTY GOVERNMENT

to await trial. In the event that there is nu coroner by reason of vacancy or absence from the county, or should his office be more than 10 miles dis- tant from the place where the death occurred, a local justice of the peace may hold the inquest in his stead.'"4 Where an inquest is necessary the coroner is empowered to order a post-mortem examination, and he can bind the county tor the services of a physician.'''''"’

In t.i imcs other than homicide the investigations leading to arrest are pel i firmed by the district attorney assisted by the county detectives, or out- side agencies. 1 he returns of the coroners and those of constables of all offenses punishable at law, together with the presentations of the district attorney or those of the grand jury itself or of a private prosecutor, culmin- ate in indictments before prosecution is begun. Bills of indictment may also be based on presentments or reports of the grand jury made after in- vestigation of public evils by direction of the court or from the knowledge oi tin jurors themselves. However it may be reached, '"A formal accusa- tion is essential to every trial for crime. ’ 1 he ordinary form is the in-

dictment. The less commonly used form is the information, also a written formal accusation but limited by the constitution to cases arising in military sei vice or by permission of the court in cases involving oppression or mis- demeanor in office.- 1 Both the indictment and the information are prepared by the district attorney. Prior to 1850 this was the duty of a deputy of the Attorney Geneial. In that year, however, the duties of the deputy were vested in an elected district attorney.33*

Before the bill of indictment is prepared there must be an arrest based on information made under oath lx1 fore a magistrate and there must have been a preliminary hearing where the defendant might be confronted by his examiner and witnesses and have an opportunity to cross-examine them ; if a prima-facie case is then made out the magistrate returns it to the court. The bill of indictment is then prepared and laid before the grand jury, a majority of which must concur in order to find a true bill, thus placing

“’Sadler, op. at., I, 38, 39. Sec cases cited therein.

"* Ibid.

*“ Sadler, op. cit., II, 875.

Const., art. 1, sec. 8; Sadler, op. cit., I, 238, 243, 251-255. For returns of con- stables, aldermen, and justices of the peace, see 1875 P.L. 28 No. 31 sec. 3. m Const., art. I, sec. 10.

Const., art. XIV, sec. 1; Comm, ex rcl. Minerd et al.. Appellants v. Margiotti, 325 Pa. 17 (1936) ; 1850 P.L. 654 sec. 1; 1929 P.L. 1278 sec. 246 am. 1931 P.L. 401 sec. 1 further am. 1939 P.L. 2619 sec. 1.

GOVERNMENT ORGANIZATION

45

the prisoner on trial.339 At times the district attorney may present an in- dictment before a grand jury without previous binding over or commit- ment of the accused. This power is exercised only when there is an urgent need to apply the law enforcement machinery.340

The indictment having been sustained, steps for the arrest and trial of the defendant are taken. The usual method for instituting proceedings in the apprehension of criminals is by means of a warrant of arrest issued upon information given under oath before a justice of the peace, sheriff, or dis- trict attorney. The warrant is directed to an authorized ministerial officer such as a constable, deputy sheriff, or county detective authorizing the apprehension of the alleged offender.341 The judges of the court of quarter sessions and oyer and terminer may also issue writs, warrants, and other processes to the sheriff or to the coroner when circumstances demand this procedure.342 In cases of arrest by warrant, the constable or other officer must take the person named thereon into custody. In order to do this he is further empowered to call citizens to his assistance.343 There are cases where breaking in doors, destroying property, and killing in the execution of arrest are justified.344 The formal warrant must be specific in form and content in order to prevent injustice. Arrests may be made without a formal warrant in some instances. An officer may arrest without a warrant for an offense he sees committed, or for one recently committed, where the offender is escaping.345 He may also arrest without warrant where a felony has been committed or where he has reasonable grounds to believe that it has been committed recently and that the person whom he arrests is actually the offender. He may also arrest without a warrant for mis- demeanor committed in his presence. He may not arrest without a war- rant, however, unless the misdemeanor constitutes a breach of peace even if it is an act in violation of a municipal ordinance.348 Special provisions for such arrests by policemen have been made in cities of the third class, permitting them to be ex officio constables.347 Similar provisions were made

438 Sadler, op. cit., I, 241.

340 Ibid., pp. 255, 256.

341 Ibid., pp. 77-90.

342 1860 P.L. 427 sec. 1.

343 Sadler, op. cit., I, 87.

344 Ibid., pp. 88, 89.

343 .SVe 1929 P.L. 177 sec. 712 in which this common law power was extended to include State Police.

343 Philadelphia v. Campbell, 11 Phila. 387 (1875).

347 1913 P.L. 568 sec. 7 am. 1919 P.L. 310 sec. 25.

46

COUNTY GOVERNMENT

for boroughs in 1927, townships of the first class in 1931, and townships of the second class in 1 933. 348

In cases of arrest without a warrant it is the duty of the officer making the arrest to take the accused without delay before a justice of the peace for formal accusation and hearing before he is incarcerated.340 In 1909, however, the sheriff, constables, and members of the State Police, now the Pennsylvania Motor Police, were empowered to detain suspects for 48 hours in lockups or prisons until their cases could be disposed of according to law.350 Since 1889 the county commissioners have had the power to offer a reward for the apprehension or detection of criminals.351 After a formal arrest is made the prisoner may be released on bail or may be committed to the custody of the sheriff or local constable and placed in jail. While in jail the accused is in the custody of the warden but must be removed to the custody of the sheriff during trial.

Prisons were provided early in Pennsylvania history for each town where a court was to be held.352 The sheriff was responsible for the man- agement of the jail and he appointed employees to aid him in this work.353 In 1899 legislation required the establishment of a prison board in every county, to consist of the sheriff, the county commissioners, and the presi- dent judge of the court of common pleas.354 This law was not to be in con- flict with any preceding special laws and in those counties where prison boards had already been established by special acts of Assembly before the adoption of the present constitution this law and similar laws which fol- lowed had little effect except in counties of the sixth, seventh, and eighth classes. In 1907 the composition of this prison board was changed to ex- clude the president judge as a regular member of the board, but his ap- proval was still required for the rules of the board.355

In 1909 counties having a population of more than 150,000 and less than

J4’ 1927 P.L. 519 sec. 3102; 1931 P.L. 1206 sec. 1403; 1933 P.L. 103 sec. 591.

3,3 Sadler, op. cit., I, 91-98.

“° 1909 P.L. 141 No. 92 sec. 1.

1889 P.L. 132 No. 147 sec. 1 am. 1919 P.L. 41 No. 31 sec. 1 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 491.

333 Duke of York's Laws, March 1, 1664, in Charier to William Penn, pp. 47, 65; Laws of the Assembly, March 10, 1683, in Charter to William Penn, p. 139; A Petition of Rights in Charter to William Penn, June 1, 1693, p. 208.

Duke of York’s Laws, March 1, 1664, in Charter to William Penn, pp. 50, 55: 1790, 2 Sm.L. 531 sec. 28.

354 1899 P.L. 89.

*“ 1907 P.L. 247 secs. 2, 3.

GOVERNMENT ORGANIZATION

47

250,000 were affected by a new regulation which set up a board of in- spectors of the county jail or prison. This board was to consist of the dis- trict attorney, sheriff, controller, judges of the court of quarter sessions, and the county commissioners. In 1921 this provision was extended to all counties of the third and fourth classes.356 In the same year the county commissioners alone were declared the members of a prison board for all fifth-class counties.337 In the smaller counties the sheriff is still in control of the jail or prison. The jail or prison warden is appointed by the board of prison inspectors where there is one or by the sheriff where he alone is responsible for the prison management.

The prosecution of persons accused of crimes begins after the bill of indictment has been brought into court as a “true bill” by the foreman of the grand jury. At all such times the district attorney or his assistant is the legal adviser of the grand jury. It is his duty as prosecuting attorney to bring proper witnesses before the jury as well as to superintend the exam- ination of the witnesses and to give instructions on all questions of the law.358 The district attorney, as the successor of the Deputy Attorney Gen- eral, represents the Commonwealth in criminal prosecutions. He must en- dorse the bills of indictment and conduct all criminal and other prosecu- tions in the name of the commonwealth. He may not discharge a prisoner from custody nor enter a nolle pros without first obtaining the approbation of the court in writing.359

After a verdict of guilty has been rendered by the jury the court of quarter sessions and oyer and terminer may sentence the prisoner to a State penitentiary or to the county jail.360 In some cases prisoners are com- mitted to a workhouse as in Allegheny County.301 The length of the prison term is prescribed by law. Women over 16 years of age are committed to the State Industrial Home at Muncy, since they may not be imprisoned in a State penitentiary.302 Male criminals between the ages of 15 and 25 not known to have been previously sentenced to any State prison may be sent to the Pennsylvania Industrial School at Huntingdon.303 Male or female

356 1909 P.L. 262 No. 171 am. 1913 P.L. 279 but the amendment of 1913 was held unconstitutional in Comm. v. Thomas, 248 Pa. 258 (1915) ; 1921 P.L. 579.

357 1921 P.L. 470.

358 Sadler, op. cit., I, 266, 267, 274.

350 1850 P.L. 654 sec. 1.

800 Sadler, op. cit., I, 732, 733.

301 1866 P.L. 8; 1871 P.L. 184.

362 1935 P.L. 1165.

3,13 1887 P.L. 63 No. 30 sec. 4. This school is now at White Hill.

48

COUNTY GOVERNMENT

incorrigible children under the age of 21 years residing in western Penn- sylvania may be admitted to the Pennsylvania Training School at Mor- ganza.304 Dependent, neglected, and delinquent children under 18 may be committed, after a hearing by the juvenile court, to any society organized ior the protection of children; to approved families; or to an industrial or training school. Many counties have established juvenile detention homes. \\ hen a jury acquits a defendant on grounds of insanity, he must be examined and if found to be insane he is committed to a hospital for mi ntal diseases under the Mental Plealth Act of 1933. lhc county bears the expense.300

In all cases it is the duty of the sheriff or his deputy to deliver prisoners and insane persons to the proper places of confinement.307

finance. The fiscal control of county government is in the hands of the county commissioners, the treasurer, the auditors and controller, the sink- ing fund commission, and the salary board. The board of county com- missioners plays a highly important role in this connection, especially in counties which have three county auditors but no controller. The commis- sioners supervise the levy and collection of taxes, appropriate county funds, initiate most of the public works projects, and purchase supplies. The treasui ir disburses money as authorized by orders issued by the commis- sioners. He informs the commissioners of the financial condition of the county treasury from time to time, collects delinquent taxes, conducts treas- ui ei s sales of property on which taxes have become delinquent, and serves as a collection agency for certain taxes levied by the Commonwealth. The controller countersigns all orders issued by the commissioners, scrutinizes hills to see that they are legally payable, sees that bids for contracts are made in the proper manner, prepares the county budget, and audits the accounts of county ofticers handling county funds. In those counties having auditors instead of controllers the commissioners handle most of this activ- ity, the auditors doing the auditing of county funds. The salaries of the employees of county officers are fixed by the salary' board, and the sinking fund commission is responsible for the administration of county funds to he applied toward the bonded indebtedness of the county.

4 1850 P.L. 538 sec. 15 saved from rep. 1933 P.L. 1433 sec. 29 and 1933 P.L. 1449

sec. 502.

*“ D33 P.L. 1433 sec. 8 am. 1939 P.L. 394 sec. 1.

1923 P.L. 998 secs. 303, 304, 307, 308. See also 1845 P.L. 440 sec. 10 and 1860 P.L. 427 sec. 66 am. 1929 P.L. 532 sec. 2.

'11T 1887 P-L. 63 sec. 9; 1917 P.L. 237 No. 129 sec. 1 ; 1923 P.L. 1044 sec. 3; 1929 PL 640 sec. 3; 1929 P.L. 1278 sec. 186.

GOVERNMENT ORGANIZATION

49

The expenditures of the following county officers and institutions are subject to budgetary control: commissioners, solicitor, recorder of deeds, prothonotary, clerk of courts, register of wills and clerk of orphans’ court, sheriff, coroner, district attorney, probation and parole officers, jury com- missioners, treasurer, controller, county superintendent of schools, sur- veyor, inspector of weights and measures, and several minor officials.

The necessity for auditing county accounts was recognized as early as 1700 when a statute provided that the justices of the county court and the assessors annually audit the accounts of the county treasurer.368 The jus- tices were relieved of this duty in 1718 and for the next 15 years the com- missioners joined the assessors in the auditing of these accounts.309 In 1732 the commissioners, assessors, and treasurer were required to exhibit their accounts to the justices and grand juries annually.370 After the adoption of the Constitution of 1790 the need was felt for a more complete system of county auditing. In 1791 the court of common pleas of each county was authorized to appoint three auditors to “audit, settle, and adjust” the treas- urer’s and commissioners’ accounts and to file all of these accounts with the court of common pleas.371 County auditors were made elective in 1809. 372 One year later their auditing duties were extended to the accounts of the sheriff and coroner.373 In 1814 the term of county auditors was increased from 1 to 3 years 374 and finally to 4 years under the Constitution of 1874 as amended in 1909. 373 In 1879 the duties of the auditors were extended to the auditing of the accounts of the directors of the poor.376

A movement to replace the office of county auditors with that of a con- troller, who would have greater control over county finances than his pre- decessor, was begun in the middle of the nineteenth century. This was especially true in the larger counties. The new office was established for Philadelphia County in 1854 377 and for Allegheny County in 1861. 378 In 1893 county auditors were abolished by legislation in counties containing a

308 1700, II St. at L. 23 sec. 3.

369 1717-18, III St. at L. 175 sec. 11; 1724-25, IV St. at L. 10 sec. 13.

370 1732, IV St. at L. 234 sec. 2.

I 371 1791, 3 Sm.L. 15 sec. 1.

3,J 1809 P.L. 42, 5 Sm.L. 19 sec. 1.

373 1810 P.L. 208, 5 Sm.L. 161.

374 1814, 6 Sm.L. 1031 sec. 1 rep. 1929 P.L. 1278 sec. 1051 ; 1834 P.L. 537 sec. 44 rep. 1929 P.L. 1278 sec. 1051.

' 376 Const., art. XIV, sec. 2 as am. 1909.

378 1879 P.L. 30 ; 1881 P.L. 537 sec. 44.

377 1854 P.L. 21 sec. 12.

378 1861 P.L. 450.

50

COUNTY GOVERNMENT

population exceeding 150,000 and provision was made for a controller to assume their duties.370 This act was held unconstitutional in 1894 because there was no indication in its title of the purpose of the act.380 It was cor- rected and reenacted in 1895, 381 slightly amended in 1901, 382 and again amended in 1913. 383 The act of 1913 extended these provisions to include counties with a population of 100,000 or more and recognized the consti- tutional amendment of 1909, which increased the term of all county officers to 4 years. In 1909 counties of less than 150,000 were given the prerogative to set up this new office by petition.384 The act of 1929 repealed the acts of 1895, 1901, 1909, and 1913, but reenacted them as amended.383

In counties where there are still no controllers accounting is under the supervision of the county commissioners. The county auditors audit and adjust the accounts of the commissioners, treasurer, and sheriff and make an annual report thereof to the court of common pleas. The commission- ers must calculate the probable expenses of the county for the coming year.388 In counties where there is a controller the duty of preparing a budget as a check on county expenditures devolves upon him.387

In counties where there is no controller the commissioners may fix the rate of taxation necessary to meet the budgeted expenses.388 This rate is determined after the returns of locally elected assessors have been made. Under the same general law, where there is a controller it is his duty to prepare a proposed budget at least 30 days before the date set for final adoption and to transmit it to the county commissioners not later than Feb- ruary 1. The county commissioners may make any revision which may appear necessary, adopt the budget, and make the necessary appropriation to put it into effect. At the time the budget is adopted the county commis-

373 1893 P.L. 393.

M0 Comm. v. Samuels ct al, Appellants, 163 Pa. 283 (1894); Comm. v. Severn, Appellants, 164 Pa. 462 (1894).

*" 1895 P.L. 403 No. 288.

382 1901 P.L. 140.

393 1913 P.L. 10. ,

1909 P.L. 434. Counties of the sixth, seventh, and eighth classes may avail them- selves of this privilege only with the approval of the court, 1929 P.L. 1278 sec. 136 am. 1933 P.L. 948 No. 154.

1929 P.L. 1278 sec. 1051. Reen. in secs. 131, 136, 341-353.

3,0 1717-18, III St. at L. 175 sec. 2; 1724-25, IV St. at L. 10 sec. 3; 1799, 4 Dali. 508 sec. 7; 1929 P.L. 1278 sec. 363; 1929 P.L. 1278 sec. 364 am. 1935 P.L. 1184 sec. 2.

1,7 1893 P.L. 393 sec. 5; 1895 P.L. 403 No. 288 sec. 5; 1929 P.L. 1278 sec. 346 am. 1935 P.L. 1184 sec. 2.

389 1929 P.L. 1278 sec. 361 am. 1935 P.L. 1184 sec. 2.

GOVERNMENT ORGANIZATION

51

sioners may fix the tax rate to raise the necessary amounts in order to meet the budgeted expenditures.389 In either type of county, final action may not be taken on the proposed budget until after at least 10 days public notice, and the budget must be published at least 20 days prior to the date set for its adoption. Within 15 days after adoption, a copy of the budget must be filed with the Department of Internal Affairs. The commissioners may not in- crease the expenditures of the county to an amount beyond the taxes as- sessed, but they may authorize the transfer within the same fund of any unencumbered balance from one spending agency to another during the last 9 months of the year.390 Budgets for school districts are prepared by the board of school directors in the same manner as the county budgets.391

Two classes of property, real and personal, are taxable for county pur- poses in Pennsylvania. Real property includes : lands, houses, lots, mills, factories, buildings, and structures of all kinds which are attached to the land. Personal property includes : furniture, horses, cattle, and machinery. Intangibles, such as mortgages, notes, loans, stocks, and bonds are per- sonalty and are taxed exclusively for county purposes at the rate of 4 mills.392 This tax was first levied in 1913. 393 Trades and occupations are likewise subject to a county levy. All real estate taxable for county purposes is subject to school taxes by school directors,394 who, in addition, may levy a per capita tax.395 Before 1938 taxes for poor purposes not ex- ceeding 10 mills were levied by the county commissioners as part of the general county tax on real estate and occupations. Since that time the}’ have been levied by the county institution district board, which is composed of the county commissioners ex officio.396 Specific exemptions from prop- erty taxes for county, road, poor, and school purposes include: property of churches and municipalities, all burial grounds and mausoleums not in use for private gain, property of educational and charitable institutions, of

330 1929 P.L. 1278 sec. 346 am. 1935 P.L. 1184 sec. 2; 1929 P.L. 1278 sec. 370 added 1935 P.L. 1184 sec. 3.

'IS0 Pennsylvania Economic Council, Budget Programs and Requirements for Local Governments in Pennsylvania, p. 31, hereinafter cited as Budget Programs ; 1929 P.L. 1278 sec. 370 added 1935 P.L. 1184 sec. 3.

331 Budget Programs, p. 7.

"‘Tanger and Alderfer, op. cit., pp. 215, 216.

393 1913 P.L. 507 No. 335 sec. 1.

894 1911 P.L. 309 sec. 537 am. 1921 P.L. 508 sec. 1.

395 1911 P.L. 309 sec. 542 am. 1919 P.L. 997 sec. 1 further am. 1921 P.L. 508 sec. 4.

398 Poor Relief Administration, Chart No. 1 ; Pennsylvania Economy League, The County Institution District — Its Organisation, Poivers, Duties, and Responsibilities. p. 4, hereinafter cited as County Institution District.

COUNTY GOVERNMENT

all school houses, public libraries and museums, playgrounds, public parks, courthouses, jails, and poorhouses.307

Since 1711 when the office of county commissioners was created to re- lieve the courts of some of their taxation duties the commissioners have been the chief assessing authorities. This was especially true after the abolition of the office of county assessors in 1780. Today they share the responsibility \\ ith the locally elected assessors. "Is Provision for the elec- tion of local assessors was made as early as 1760.300 Assessors are now elected in each political subdivision in all but first, second, and third-class counties.400 When vacancies occur in the office of elected assessors the county commissioners may fill them.401 In third-class counties assessors aie selected by the board for the assessment and revision of taxes.4"*

I he county commissioners issue their precepts to the assessors to make ti iennial assessments of property subject to county taxes. Assessments were at first prepared by the assessors from inventories sent in by the tax- paycis but now they are also made after personal contacts by the asses- sors." Returns must be made by the assessors at times stated by law, whereupon it becomes the duty of the commissioners to rectify apparent errois, to publish a list of the total assessments made by each assessor, and to indicate a date for a hearing by the board of revision for equalization and review.404 I he power of revision and assessment at first belonged to the judges,4"’ then to the county assessors,400 and later to both the county

317 1933 P.L. 853 sec. 204.

" 1889 P.L. 7 No. 8 sec. 1 rep. as to boros. 1927 P.L. 519 sec. 3301 and as to twps. 1917 P.L. 840 sec. 150; 1889 P.L. 7 No. 8 sec. 2 am. 1889 P.L. 133 No. 148 sec. 1 rep. as to boros. 1927 P.L. 519 sec. 3301.

1760, VI St. at L. sec. 3; 1764, VI St. at L. 344 sec. 3; 1779, IX St. at L. 443 sec. 2: 1795, XV St. at L. 322 secs. 1, 2; 1799, 3 Sm.L. 393 sec. 4; 1835 P.L. 46 sec. 8; 1851 P.L. 325 sec. 601.

18.S9 I .L. 7 am. 1SS9 P.L. lo3 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 301. Pnor to 1933 the city councils of third-class cities selected the assessors, 1913 P.L. 568 No. 367 art. XV sec. 1 rep. 1931 P.L. 932 sec. 4701 but reen. in sec. 2501 rep. 1933 P.L. 853 sec. 602.

"" 1757-58, V St. at L. 337 sec. 8; 1760, VI St. at L. 3 sec. 7; 1897 P.L. 39 No. 33 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 304.

in 1931 P.L. 1379 sec. 4; 1933 P.L. 853 sec. 102.

403 1724-25, IV St. at L. 10 sec. 4.

1,834 P.L. 507 sec. 6 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 508; 1841 P.L. 393 sec. 6 rep. 1933 P.L. 853 sec. 601.

Duke of 5 ork s Book of Laws, March 1, 1664, in Charter to William Penn, p. 10; 1700, II St. at L. 32 sec. 9.

The Frame of Government, October 26, 1696, in Charter to William Penn, p. 258.

GOVERNMENT ORGANIZATION

53

assessors and commissioners.407 In 1715 this power was transferred to the commissioners alone 408 and they continued to exercise it until 1842 when they were named together with the associate judges as an ex officio board for this purpose. The judges were removed from the board by an amend- ment passed 2 years later.409 Thus in all except third-class counties the commissioners alone constitute a board of revision. After revisions are made, the county commissioners prepare the tax rolls which they must sub- mit to local tax collectors.410 In third-class counties the procedure is slightly different. In such counties the commissioners neither issue precepts nor receive returns. Both of these steps are handled by the board for the assess- ment and revision of taxes.411 In the other counties the commissioners themselves form the board of revision to hear appeals from dissatisfied taxpayers.412 The commissioners of fourth-class counties may appoint as- sistants to aid them with this work.413

Tax collection as we have indicated in an earlier portion of this chapter, was made by the town constables under the Duke of York.414 Under the proprietary collectors of taxes were appointed by the assessors.415 After the office of county commissioners was established they sometimes joined the assessors in this appointment.416 Assessors having been abolished in 1780, the duty devolved upon the commissioners who continued to exercise it until 1885 when provision was made for the election of municipal tax

107 1710-11, II St. at L. 372 sec. 3.

408 1715, III St. at L. 83 sec. 2; 1717, III St. at L. 128 sec. 2; 1724-25, IV St. at L. 175 sec. 7; 1795, XV St. at L. sec. 6; 1799, 3 Sm.L. 393 sec. 7 sup. 1834 P.L. 509 sec. 13; 1799, 3 Sm.L. 393 sec. 10 sup. 1834 P.L. 509 sec. 15 rep. 1933 P.L. 853 sec. 601.

409 1842 P.L. 441 sec. 10 am. 1844 P.L. 501 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 501.

410 Harold F. Alderfer, “The County,” Report of the Pennsylvania Local Govern- ment Survey, pp. 53-57, hereinafter cited at Alderfer, The County; 1842 P.L. 441 sec. 11.

411 1933 P.L. 853 secs. 401, 431.

412 1710-11, II St. at L. 372 sec. 3; 1715, III St. at L. 83 sec. 2; 1724-25, IV St. at

L. 10 sec. 7; 1799, 3 Sm.L. 393 secs. 8, 9 sup. 1834 P.L. 509 secs. 8, 10 rep. 1933 P.L

853 sec. 601 but reen. in secs. 501-510. In 1943, a board of assessment and revision of taxes, consisting of the county commissioners ex officio, was created in fourth- to eighth-class counties, See appendix D.

413 1915 P.L. 659 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 309; 1929 P.L. 1712 sec. 2 rep. 1933 P.L. 853 sec. 601 but reen. in sec. 506.

414 Duke of York’s Laws, 1664, in Charter to William Penn, p. 49.

416 Laws of the Assembly, 1693, 1696, 1699, in Charter to William Penn, pp. 2 22, 254-257, 281 ; 1700, II St. at L. 34 sec. 2.

416 1710-11, II St. at L. 372 sec. 2; 1711, II St. at L. 388 sec. 2; 1715, III St. at L.

83 sec. 2; 1717-18, III St. at L. 175 sec. 5; 1724-25, IV St. at L. 10 sec. 7.

54

COUNTY GOVERNMENT

collectors locally.417 There are two exceptions to this procedure. In third- class cities the city treasurer has been authorized to function as a collecting agency for county taxes/ 418 and in first-class townships the township treas- urer acts as tax collector.419

Amounts collected for county purposes must be paid to the county treas- urer, who must give receipts for taxes paid.420

In all school districts taxes are levied and assessed by the board of school directors ; 421 they may not exceed 25 mills on the dollar.422 The county commissioners are required by law to furnish each school district of the third 423 and fourth classes a list of inhabitants assessed and a certified duplicate of the last adjusted valuation of all realty, personalty, and occu- pations, giving the name of each taxpayer and a description of the prop- erty or occupation assessed.424 In addition the school board may levy a per capita tax of not less than $1 nor more than $5 on each person residing in the district.425 Tax duplicates must be furnished to local districts by the board of school directors.428

In 1S09 the county treasurer was authorized to sell unseated lands for delinquent taxes, a power formerly exercised by the commissioners and the sheriff.427 This power was extended in 1844 to include the sale of seated lands for unpaid taxes.424 Since that time much legislation has been passed making provision for the sale of lands for nonpayment of taxes. A claim for taxes constitutes a lien against the land in any sale in execution pro- ceedings and has priority over other liens. In some cases the land has been returned to the county commissioners for failure to pay taxes. All seated and unseated lands sold to the county commissioners may be redeemed

417 1885 P.L. 187 sec. 1; 1893 P.L. 333 No. 273; 1927 P.L. 519 sec. 850; 1933 P.L. 103 sec. 414.

4,8 1931 P.L. 932 sec. 2552 am. 1935 P.L. 363 sec. 1 further am. 1935 P.L. 719 further j

am. 1937 P.L. 2641 further am. 1939 P.L. 153 sec. 1.

4,0 1931 P.L. 1206 sec. 805.

420 1717-18, III St. at L. 175 sec. 6; 1891 P.L. 212 No. 185.

421 191 1 P.L. 309 sec. 501.

422 Ibid., sec. 537; 1921 P.L. 508 sec. 1.

423 Except those co-extensive with third-class cities. Since 1931 the city treasurer of third-class cities has been authorized to collect school taxes as well as county taxes, 1931 P.L. 932 sec. 2552 am. 1935 P.L. 363 sec. 1.

424 1 91 1 P.L. 309 sec. 541 am. 1921 P.L. 508 sec. 3.

425 191 1 P.L. 309 sec. 542 am. 1919 P.L. 997 sec. 1 further am. 1921 P.L. 508 sec. 4.

428 1911 P.L. 309 sec. 546.

427 1769, VII St. at L. 306 sec. 1. 1795, XV St. at L. 322 sec. 10; 1804 P.L. 517; 1809 P.L. 192 sec. 1.

429 1844 P.L. 486 sec. 41 ; 1929 P.L. 1684; 1931 P.L. 280.

GOVERNMENT ORGANIZATION

55

within a fixed period of time by the owner, and the county treasurer must issue receipts for such sales and record the sales.429 The right of re- demption of seated lands sold for taxes to the county commissioners, who may purchase the lands in case there are no bidders for a sum equal to the taxes due and the costs, endures for 2 years.430 Unseated lands may also be purchased by the commissioners under these conditions, in which case the right of redemption endures for 5 years.431 Payments in both cases are made by the owner to the county treasurer. Unredeemed seated and un- seated lands may be sold by the commissioners at a public sale.432

Revenue from taxes, when collected, is placed in the hands of the county treasurer 433 who pays it out with all other money on warrants drawn by the commissioners.434 In counties having a controller these warrants must be countersigned by him.435 All expenditures therefore actually originate from the office of the commissioners who, if they find the proceeds from the taxes insufficient, may borrow money on behalf of the county within desig- nated legal limits. Other sources of revenue are provided by special types of taxes.

In 1911 the establishment of a sinking fund commission composed of the commissioners, the treasurer, and the controller or auditors was au- thorized for all counties.436 This commission attempts to develop a type of insurance against contingencies through the purchase and retirement of

429 For miscellaneous provisions on different types of tax sales and the right to re- demption, see acts of 1815 P.L. 177 sec. 4 am. 1935 P.L. 663 sec. 1 ; 1840 P.L. 349 sec. 7; 1849 P.L. 279 secs. 1, 2 extended 1850 P.L. 569 sec. 33; 1879 P.L. 55 No. 52 sec. 1; 1923 P.L. 207.

430 1885 P.L. 268 sec. 3 am. 1889 P.L. 141 sec. 1.

431 1815 P.L. 177 sec. 6.

432 Ibid sec. 3 am. 1889 P.L. 141; 1815 P.L. 177 sec. 7; 1885 P.L. 268 sec. 4; 1931 P.L. 280 sec. 16 am. 1939 P.L. 498 sec. 8; 1931 P.L. 280 sec. 17 am. 1939 P.L. 498 sec. 18.

433 1710-11, II St. at L. 369 sec. 3; 1710-11, II St. at L. 372 sec. 2; 1777, IX St. at L. 75 sec. 8; 1799, 3 Sm.L. 393 sec. 16 sup. 1834 P.L. 509 sec. 49 sup. as to twps. 1885 P.L. 187 sec. 3, rep. as to twps. 1917 P.L. 840 sec. 1500; 1891 P.L. 212 sec. 1.

434 The Frame of Government, October 26» 1696, in Charter to William Penn, p. 258 sec. 3; 1700, II St. at L. 34 sec. 3. Prior to 1718 payments were made by order of the assessors and the justices of the peace; 1717-18, III St. at L. 175 sec. 11; 1799, 3 Sm.L. 393 sec. 13 sup. 1834 P.L. 537 sec. 37 rep. 1929 P.L. 1278 sec. 1051 but reen. in sec. 362.

435 1895 P.L. 403 No. 288 sec. 13 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 347, 352.

438 1909 P.L. 100 No. 59 sec. 1 rep. 1911 P.L. 895 sec. 13 insofar as it was incon- sistent therewith, wholly rep. 1917 P.L. 199 No. 100; 1911 P.L. 256 sup. 1911 P.L. 895 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 395-401.

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COUNTY GOVERNMENT

bonds and the making of authorized investments tor the reduction of the sinking fund.437

In all counties where there is no controller, claims against the county are submitted to the county treasurer. The treasurer must keep accounts of all money received or disbursed and furnish the commissioners with periodic statements of the transactions of his office. Once a year he must state his accounts and produce his vouchers. These vouchers are examined by the commissioners and then laid before the county auditors for settle- ment.438 The auditors scrutinize the accounts of county officers and report annually to the court of common pleas.41'-’ Their reports must be pub- lished.440

In counties having a controller the system is slightly different. In such counties all claims must first be presented to the controller, who audits them and determines whether or not they are legally due. If he approves them he certifies them to the commissioners.441 The controller must report monthly, or more often if required, to the commissioners, the amount of outstanding warrants registered and the amount of money paid into the county treasury.44- The treasurer may not pay money out of the county treasury except on warrants drawn by a majority of the commissioners and countersigned by the controller, who must also cancel them.443

The issuance of licenses and the collection of license taxes is performed by various county authorities on behalf of the Commonwealth. The county treasurer functions as an agent of the State in issuing and collecting taxes for licenses to hunters,444 fishermen, operators of kennels, owners of dogs,440 and mercantile establishments.447 From 1933 until 1937 the treas- urer was authorized to issue malt beverage retail dispenser licenses, but in

*' 1911 P.L. 895 secs. 2 and 3 rep. 1929 P.L. 1278 sec. 1051 but reen. in secs. 396 and 397 respectively.

1799, XVI St. at L. 375 sec. 14; 1929 P.L. 1278 sec. 362.

430 1 929 P.L. 1278 sec. 363 am. 1931 P.L. 401 sec. 1.

1929 P.L. 1278 sec. 364 am. 1935 P.L. 1184 sec. 2.

1893 P.L. 393 secs. 8, 9; 1895 P.L. 403 No. 288 secs. 8, 9; 1929 P.L. 1278 secs. 349, 350.

443 1929 P.L. 1278 sec. 351.

413 Ibid., sec. 352.

4,4 1913 P.L. 85 sec. 7; 1917 P.L. 151 sec. 2; 1923 P.L. 359 sec. 308 am. 1929 P.L. 444 sec. 6; 1935 P.L. 151 sec. 308.

443 1919 P.L. 778 sec. 6; 1925 P.L. 448 sec. 223 am. 1929 P.L. 451 sec. 4.

44"1917 P.L. 818 secs. 4, 11 rep. 1921 P.L. 522 sec. 43 but reen. in secs. 3, 11 am. 1925 P.L. 115 sec. 1 and 1925 P.L. 641 further am. 1927 P.L. 833 sec. 2, 6 further am. 1929 P.L. 456 sec. 3.

447 1899 P.L. 184 sec. 5.

GOVERNMENT ORGANIZATION

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the latter year this responsibility was shifted to the State Liquor Control Beard.448 The clerk of orphans' court is the Commonwealth’s agent for issuing marriage licenses and collecting license fees.449 The sheriff issues licenses and collects taxes for firearms.450 All license taxes collected by these officers must be paid into the State Treasury as part of the State’s revenue.451

Since 1921 counties have received contributions from the State liquid fuels tax fund. Prior to 1931 ^2 cent per gallon taxes for this fund was credited to the counties for highway construction. Distributions were made in direct ratio to the amount of the gasoline tax collection in the county during the preceding year.432 Each county now receives amounts in the ratio that the average return to the county from the fund for the last 3 pre- ceding years bears to the average amount returned to all counties during the last 3 preceding years. The sinking fund commission may use the county allotment from the liquid fuels tax to pay sinking fund charges on all bonds issued or used for highway or bridge purposes.453

Fines, forfeited recognizances, and other forfeitures imposed in any court are in most cases to be paid into the State Treasury according to existing laws. Those which are not covered by these laws, and those col- lected for the violation of ordinances, must be certified and sent by the proper court to the office of the county commissioners together with the judgment and orders of the court on all forfeited recognizances sued upon in that court. All money thus collected must be paid to the county treasury.454

The county receives and disburses certain funds for special purposes. Under the provisions of the Federal Social Security Act, Federal grants- in-aicl are made available to the State for the care of neglected children in rural areas ;453 for the aged ; 450 for the blind ; 457 for maternal and child

443 1933 P.L. 252 sec. 6 am. 1933-34 (Sp. Sess.) P.L. 75 No. 14 sec. 1 ; 1933 P.L. 252 am. 1935 P.L. 1247 further am. 1937 P.L. 1827 sec. 1.

449 1885 P.L. 146 sec. 1.

450 1931 P.L. 497 sec. 7.

451 1790, VIII St. at L. 486; 1893 P.L. 125 sec. 1.

452 1921 P.L. 1021 sec. 2 rep. 1923 P.L. 834 sec. 12 but reen. as am. in sec. 9 rep. 1929 P.L. 1037 sec. 17 but reen. in sec. 10 rep. 1931 P.L. 149 sec. 25 but reen. in sec. 10 am. 1935 P.L. 412 sec. 1.

463 1931 P.L. 149 sec. 10 am. 1935 P.L. 412 sec. 1 further am. 1939 P.L. 634.

454 1929 P.L. 1278 sec. 384.

455 1935, U. S. Stat. 620 ch. 531 Title V sec. 521 (a, b).

460 Ibid,., Title I sec. 3(a).

457 Ibid., Title X sec. 1001.

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COUNTY GOVERNMENT

welfare;4’' for crippled children;4'9 for vocational rehabilitation;400 and for public health work.401 The State Council of Education is required to “promptly invest ... all receipts derived from or on the account of the State Forest Reservations, all proceeds from the sales of real estate re- ceived by the State Treasurer; together with all appropriations, devises, gifts, and other receipts for this purpose, as a permanent State school fund, whose income only may be expended.” This fund is intended to aid financially distressed school districts.401' Federal funds for the promotion of vocational education are made available by the Smith-Hughes Law of 1917 and the George-Reed Act of 1929.403

In school districts of the second and third classes, school accounts are audited by the controller or auditor of the municipality in which such dis- trict is located, and by auditors in the townships and boroughs. In fourth- class school districts accounts are audited by the auditors of boroughs and townships in which such school district is located.404 Although the hoard of county commissioners and the county treasurer keep accounts of the county institution district, it is the county controller or auditors who must audit these accounts just as they audit accounts of all other county funds.4011

Elections. The Constitution of Pennsylvania establishes the following qualifications for suffrage: the elector must be at least 21 years of age, a citizen of the United States for at least a month, a resident of the State of Pennsylvania for at least 1 year next preceding the date of election, and of the election district where he proposes to vote for at least 2 months.

If a once qualified elector or native-born citizen has moved away from the State and later returns, he is required to have been in residence in the State for 6 months next preceding the election. 4 00 The qualifications of

'“Ibid., Title V sec. 501.

,M tbid., sec. 511.

,m Ibid., sec. 531.

*" Ibid., Title VI sec. 601.

0,3 Pennsylvania Department of Public Instruction, Biennial Report of Superintendent of Public Instruction , 1938, p. 28, hereinafter cited as Biennial Report; 1911 P.L. 309 sec. 2701 am. 1915 P.L. 825 sec. 1 am. 1923 P.L. 143 sec. 1.

‘,1J Pennsylvania Department of Public Instruction, One Hundred Years of Bree , Public Schools in Pennsylvania, p. 25, hereinafter cited at Schools in Pennsylvania.

444 1911 P.L. 309 sec. 2603 am. 1923 P.L. 949 No. 378 sec. 1 further am. 1925 P.L. 382 sec. 1 further am. 1933 P.L. 1152 sec. 13; 1911 P.L. 309 sec. 2604 am. 1933 P.L. 1 1152 sec. 14.

444 1937 P.L. 2017 sec. 310.

‘" Const., art. VIII, sec. 1 as am. 1901 and 1903; 1937 P.L. 1333 sec. 701.

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59

electors at primaries are the same as the qualifications of electors entitled to vote at elections.467 As early as 1766 Pennsylvania adopted a tax pay- ment qualification for suffrage, which requirement, however, no longer obtains.488

Under the Duke of York and for many years thereafter, anyone pos- sessing the necessary property qualifications to vote could do so.489 Ten years before the Revolution, provisions were made for some control of registration of voters. The commissioners provided the election officials with a list of all persons subject to tax in each district. Elected inspectors were authorized to administer oaths to those whose right to vote was dubious. Tax lists were used as voting lists.470 Provisions were made for marking the list to indicate the persons who had voted.471 After 1840 the regular assessors were required to prepare annually a register of voters, and to check each household to see that the persons on the list actually resided there and were entitled to vote.472 Because of the prevalence of fraudulent voting, an act was passed in 1869 requiring local assessors to compile registry lists which, when completed and revised, were sent to the county commissioners. The commissioners placed these lists in alphabetical order and furnished two copies of each to the election officers.473 After 1874 special registry assessors were elected to perform these duties.474

467 1937 P.L. 1333 sec. 702.

168Tanger and Alderfer, op. cit., p. 4; 1839 P.L. 519 sec. 65 rep. 1937 P.L. 1333 sec. 1901.

469 Duke of York’s Book of Laws, March 1, 1664, in Charter to William Penn, p. 51 ; Laws Agreed upon in England, May 5, 1682, in Charter to William Penn, p. 99, secs. 2, 3; The Body of Laws, December 7, 1682, in Charter to William Penn, p. 121 ch. LVII, LVII1 ; 1700, II St. at L. 24 ch. XXv’III sec. ! : 1705-6, II St. at L. 212 sec. 30.

470 1766, VII St. at L. 32 secs. 5, 8; 1799, 3 Sm.L. 340 secs. 1, 9 rep. 1839 P.L. 519 sec. 174 reen. as am. in secs. 6, 19-21, 63-66, 98 rep. 1937 P.L. 1333 sec. 1901 ; 1803 P.L. 669,’ 4 Sm.L. 100 sec. 5 rep. 1839 P.L. 519 sec. 174; 1874 P.L. 44 sec. 3 rep. 1937 P.L. 1333 sec. 1901 ; 1893 P.L. 419 sec. 21 rep. 1937 P.L. 1333 sec. 1901.

471 1799, 3 Sm.L. 340 sec. 9 rep. 1839 P.L. 519 sec. 174 but reen. as am. in secs. 6, 19-21, 63-66, 98 rep. 1937 P.L. 1333 sec. 1901 ; 1803 P.L. 669, 4 Sm.L. 100 sec. 5 rep. 1839 P.L. 519 sec. 174; 1874 P.L. 44 sec. 3 rep. 1937 P.L. 1333 sec. 1901; 1893 P.L. 419 sec. 21 rep. 1937 P.L. 1333 sec. 1901.

479 1840 P.L. 683 sec. 3 rep. 1937 P.L. 1333 sec. 1901; 1874 P.L. 31 secs. 1, 2 am. 1891 P.L. 134 secs. 1, 2 further am. 1895 P.L. 75 sec. 1 further am. 1933-34 (Sp. Sess.) P.L. 236 secs. 1, 2 rep. 1937 P.L. 487 sec. 46(2, 4, 7, 14).

478 1869 P.L. 48 secs. 1-3; 1874 P.L. 31 sec. 1 am. 1891 P.L. 134 sec. 1 am. 1933-34 (Sp. Sess.) P.L. 236 sec. 1 rep. 1937 P.L. 487 sec. 46(2, 4, 7, 14).

"‘ 1874 P.L. 31 sec. 15 am. 1933-34 (Sp. Sess.) P.L. 236 sec. 5 rep. 1937 P.L. 487 sec. 46(b). The amendment of 1933-34 provided that in boroughs and townships con- taining but one district, the tax assessor should act as registry assessor.

60

COUNTY GOVERNMENT

In 1906 a new system was introduced to apply to third-class cities only, whereby electors were recpiircd to register annually in order to vote. Per- sonal appearance of voters before registrars was the new feature in this act. Voters were required to reappear and renew their registration each year. The county commissioners were directed to appoint two registrars for each election district within the city for the purpose of examining the qualifications of voters in the primary and general elections.475 In the boroughs and townships, however, the local assessors continued to operate under the permanent and nonpersonal registration system in compiling the original lists. A registration commission composed of the county commis- sioners ex officio was created in 1935 to supervise the permanent personal registration of electors of third-class cities and in 1937 the authority of this commission was extended to the registration of electors in boroughs, towns, and townships. Registration in various political subdivisions is effected through clerks and inspectors appointed by the permanent regis- tration commission. 470

Under the present registration laws an elector who changes his resi- dence must notify the registration commission of his removal 30 days be- fore the primary or election, and transfer of the elector’s registration card must be made by the commission.177 In case an elector wishes to change his political affiliation in order to vote at the primaries, notice must be sent to the commission or to a local registrar and changes made in the register.47" The registration commission is further empowered to verify the registra- tion in any election district.470 All information pertaining to the qualifica- tions of a particular voter and relevant changes made in the natural course of events are carefully recorded. Once registered there is no need for re- registration except upon failure to vote for 2 successive years.4"0 All in- formation on electors thus obtained is eventually used by the county board

0906 (Sp. Sess.) P.L. 63 am. 1911 P.L. 1014 further am. 1921 P.L. 977 further am 1923 P.L. 148 rep. 1935 P.L. 478 No. 195 sec. 41. For a similar system in cities oi the first and second classes, see 1906 (Sp. Sess.) P.L. 49 am. 1911 P.L. 993 further am. 1913 P.L. 249 Xo. 274 rep. 1913 P.L. 977 No. 452 sec. 19 reen. as am. in secs. 1-18 rep. as to first-class cities 1919 P.L. 857 sec. 52 but reen. for first-class cities in secs. 1-51 rep. 1933-34 (Sp. Sess.) P.L. 140 sec. 45 and 1933-34 (Sp. Sess.) P.L. 250 sec. 44.

' " 1935 P.L. 478 No. 195 rep. and reen. in 1937 P.L. 849; 1937 P.L. 487.

417 1937 P.L. 487 secs. 26(a), 27; 1937 P.L. 849 sec. 28.

4T' 1937 P.L. 487 sec. 28; 1937 P.L. 849 sec. 29.

4” 1937 P.L. 487 sec. 20; 1937 P. L. 849 sec. 31.

“'1937 P.L. 487 sec. 19; 1937 P.L. 849 sec. 20.

GOVERNMENT ORGANIZATION

61

of elections in determining whether there has been fraud in elections.481

The permanent registration commission has the power to hear and de- termine questions of residence and appeals from rejected applications for registration.482 The commission makes all rules and regulations neces- sary to the efficient administration of its office.483

The qualifications of candidates seeking office are prescribed by the constitution. No person may be appointed to any office within the county who has not been a citizen and an inhabitant therein for at least a year before his appointment.484 A candidate must also have been nominated in the direct primary according to party rules and regulations.485 Before 1937 nomination petitions of candidates for county, local, and party offices were filed with the county commissioners,480 and thereafter with the county board of elections, which is composed of the county commissioners ex officio.487 With the adoption of the Uniform Primaries Act of 1906, the local election boards were granted authority to conduct the primaries.488 In 1915 the county was made responsible for necessary expenses.489

Prior to 1937 matters relating to elections were in the hands of several different county agencies. The courts played an important part in their conduct, as evidenced by the records kept in the office of the prothonotary and clerk of the quarter sessions. The sheriff and commissioners together with various other local officers were also concerned with the elections. The court of quarter sessions divided the county into election districts ; 400 the sheriff announced the date and place of the proposed elections and the offices to be filled.491 The commissioners paid the expenses of elections, provided supplies, prepared ballots, and were responsible for the pri-

451 1937 P.L. 1333 sec. 1404(b).

462 1937 P.L. 487 sec. 23 ; 1937 P.L. 849 sec. 24.

183 1937 P.L. 487 sec. 4(a) ; 1937 P.L. 849 sec. 5(a).

484 Const., art. XIV, sec. 3.

4S5Tanger and Alderfer, op. cit., pp. 21-32.

486 Ibid., p. 25.

487 1937 P.L. 1333 sec. 913.

188 1906 P.L. 36 secs. 1, 7, 8 rep. 1913 P.L. 719 sec. 25 but reen. in secs. 11, 12.

489 1915 P.L. 538.

400 1739, IV St. at L. 331 sec. 1 ; 1854 P.L. 419 sec. 1 rep. 1937 P.L. 1333 sec. 1901.

481 1839 P.L. 519 secs. 38, 41 ; 1893 P.L. 419 sec. 9 am. 1897 P.L. 223 sec. 5 further am. 1903 P.L. 338 sec. 1 ; 1893 P.L. 419 sec. 10 am. 1895 P.L. 392 sec. 1 ; all rep. 1937

P.L. 1333 sec. 1901.

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COUNTY GOVERNMENT

maries.402 The court of common pleas acted as a return board in the gen- eral elections.493 The courts had various duties in the matter of contested elections.404 and in this connection the prothonotary and clerk of the court of quarter sessions participated to a certain extent.495 In 1937 the need for organization and coordination of these duties in the hands of one body culminated in the establishment of a county board of elections.496

4“ 1839 P.L. 519 sec. 93 am. 1840 P.L. 683 sec. 10 further am. 1895 P.L. 290 No. 206; 1840 P.L. 363 sec. 7 sup. 1893 P.L. 419 sec. 10 am. 1895 P.L. 392 sec. 1 ; 1840 P.L. 683 sec. 7 sup. 1893 P.L. 419 sec. 19; 1874 P.L. 31 sec. 22; 1876 P.L. 136 sec. 1 ; 1929 P.L. 549 sec. 4 am. 1931 P.L. 1185 sec. 3 further am. 1933 P.L. 846; 1891 P.L. 349 secs. 1, 13, 16, 19; 1893 P.L. 419 secs. 1, 13; 1893 P.L. 419 sec. 16 am. 1921 P.L. 1079; 1906 P.L. 36 rep. 1913 P.L. 719 sec. 25; 1913 P.L. 719 sec. 4 am. 1915 P.L. 1044 sec. 1 ; 1913 P.L. 719 sec. 9; 1913 P.L. 719 sec. 10 am. 1919 P.L. 839 sec. 2 further am. 1935

P.L. 74 sec. 1 further am. 1935 P.L. 74 sec. 1 further am. 1935 P.L. 83 sec. 3; 1913

P.L. 719 sec. 12; 1913 P.L. 719 sec. 14 am. 1919 P.L. 839 sec. 4 am. 1921 P.L. 669 sec. 1 further am. 1923 P.L. 293 sec. 1 further am. 1923 P.L. 920 sec. 1 further am. 1935 P.L. 74 sec. 2; 1913 P.L. 719 sec. 16; all rep. 1937 P.L. 1333 sec. 1901.

403 1935 P.L. 246 sec. 1 rep. 1937 P.L. 1333 sec. 1901.

‘" 1874 P.L. 208 secs. 5, 11, 16; 1906 P.L. 78 secs. 9, 10; 1913 P.L. 719 sec. IS am. 1919 P.L. 839 sec. 5 further am. 1921 P.L. 1125 sec. 1; 1913 P.L. 719 sec. 20; all rep. 1937 P.L. 1333 sec. 1901.

1717, III St. at L. 175 (obsolete) ; 1799; 3 Srn.L. 340 sec. 13 rep. 1839 P.L. 519

sec. 174; 1839 P.L. 519 secs. 84, 85; 1839 P.L. 559 sec. 3; 1840 P.L. 683 sec. 9; 1850

P.L. 654 sec. 2; 1864 P.L. 990 secs. 17, 18; 1874 P.L. 31 secs. 10, 13; 1874 P.L. 54

sec. 5 ; 1893 P.L. 419 sec. 3 ; 1897 P.L. 223 sec. 1 ; 1899 P.L. 127 sec. 1 ; 1899 P.L.

254 sec. 1 ; 1906 P.L. 78 sec. 6; 1909 P.L. 425 sec. 1 ; 1919 P.L. 438 sec. 2; 1919 P.L. 855 sec. 1 ; 1921 P.L. 423 sec. 3; 1923 P.L. 267 sec. 1 ; 1925 P.L. 103 sec. 1 ; 1927 P.L. 360 sec. 2; all rep. 1937 P.L. 1333 sec. 1901.

490 1739, IV St. at L. 331 sec. 1; 1839 P.L. 519 sec. 93 am. 1840 P.L. 683 sec. 10 further am. 1895 P.L. 290 No. 206; 1839 P.L. 519 secs. 38, 41; 1840 P.L. 683 sec. 7

sup. 1893 P.L. 419 sec. 10 am. 1895 P.L. 392 sec. 1 ; 1840 P.L. 683 sec. 7 sup. 1893

P.L. 419 sec. 19; 1854 P.L. 419 sec. 1 ; 1874 P.L. 31 sec. 22; 1874 P.L. 208 secs. 5, 11, 16; 1876 P.L. 136 sec. 1; 1891 P.L. 349 secs. 1, 13, 16, 19; 1893 P.L. 419 secs. 1, 13; 1893 P.L. 419 sec. 9 am. 1897 P.L. 223 sec. 5 further am. 1903 P.L. 338 sec. 1; 1893 P.L. 419 sec. 10 am. 1895 P.L. 392 sec 1 ; 1893 P.L. 419 sec. 16 am. 1921 P.L. 1079; 1906 (Sp. Sess.) P.L. 36 rep. 1913 P.L. 719 sec. 25; 1906 (Sp. Sess.) P.L. 78 secs. 9,

10; 1913 P.L. 719 sec. 15 am. 1919 P.L. 839 sec. 5 further am. 1921 P.L. 1125 sec. 1;

1913 P.L. 719 sec. 20; 1913 P.L. 719 sec. 4 am. 1915 P.L. 1044 sec. 1; 1913 P.L. 719 sec. 10 am. 1919 P.L. 839 sec. 2 further am. 1935 P.L. 74 sec. 1 further am. 1935 P.L. 83 sec. 3; 1913 P.L. 719 sec. 12; 1913 P.L. 719 sec. 14 am. 1919 P.L. 839 sec. 4 further

am. 1921 P.L. 669 sec. 1 further am. 1923 P.L. 293 sec. 1 further am. 1923 P.L. 920

sec. 1 further am. 1935 P.L. 74 sec. 2; 1913 P.L. 719 secs. 9, 16; 1929 P.L. 549 sec. 4 am. 1931 P.L. 1185 sec. 3 further am. 1933 P.L. 846; 1935 P.L. 246 sec. 1. The act of 1937 P.L. 1333 which set up the county board of elections repealed most of these acts.

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63

All primaries and elections are conducted by ballot except in districts in which voting machines have been authorized. Prior to 1937 all ballots were provided for and ordered printed by the county commissioners,497 and thereafter by the county board of elections.498 The Election Code of 1937 requires that separate official ballots be prepared for the primaries, the names of candidates being arranged under the title of the office for which they are candidates. The order is determined by the casting of lots.409 In general, municipal, and special elections the names of the candi- dates must be arranged under the title of the office for which they are candidates, and they must be printed thereunder in the order of the votes obtained by the presidential electors of the parties at the last presidential election, beginning with the party obtaining the highest number of votes.500 If voting machines are used the names of the candidates must appear in corresponding order.501

All regular elections are held on the Tuesday after the first Monday in November. General elections at which National and State-wide officers are voted upon, are held in even-numbered years ; municipal elections at which municipal and county officers, including district judges, are elected, are held in odd-numbered years.502 Judges of the Superior and Supreme courts may be chosen at either election. By a two-thirds vote the General Assembly may change the election day but not the year.503

There are two regular direct primaries. The first is the spring primary held in even-numbered years on the third Tuesday in May, except in years of nominations for the Presidency, when it is held on the fourth Tuesday in April.504 The second is the fall primary held on the second Tuesday in September of odd-numbered years. It is then that county, municipal, and other local officers are nominated.503

When vacancies exist in the United States Senate and in the House of Representatives, and for senator and representative in the General As-

4,7 1799, 4 Dali. 332 sec. 6.

488 1937 P.L. 1333 sec. 1001.

469 Ibid., sec. 1002 (a, b).

5,0 1937 P.L. 1333 sec. 1003 (b, f).

501 1937 P.L. 1333 sec. 1110.

602 Const., art. VIII, sec. 2 as am. 1909, sec. 3 as am. 1913; 1937 P.L. 1333 secs. 601, 602.

Tanger and Alderfer, op. cit., p. 39.

544 1937 P.L. 1333 sec. 603.

505 Ibid., sec. 604. Legislation in the 1945 session of the General Assembly moved the date of this primary to late in the spring, in order to permit a count of the service vote before the fall election.

P7 COUNTY GOVERNMENT

sembly, special elections must be held so that the vacancy may be filled for the unexpired term.'™15

Each township and borough not divided into wards, and each ward of every city, borough, and township, constitutes a separate election district. The court of quarter sessions, however, is empowered to subdivide any borough, township, or city ward into two or more election districts upon receiving a petition by 20 registered electors or by the county board of elections.507

A cleavage exists in Pennsylvania between the county authority or county board of elections and the precinct election officers. In 1799 the latter were made elective officials and in 1839 provision was made for their election on a bipartisan basis. The present constitution recognizes these offices and their present duties are defined by the Election Code of 1937.508 All primaries and elections are conducted in each election district by the local board, which consists of a judge of elections, a majority inspector of elections, and a minority inspector, assisted by clerks, and, where voting machines are used, by machine inspectors. Judges and inspectors are elected biennially by the people of the election district.600 The board ap- points the machine inspectors, and the majority and minority inspectors appoint the clerks." ” In 1868 provision was made for the appointment by the court of common pleas of two overseers belonging to opposite political parties, upon petition of at least five citizens of the election district. This method is still followed today.511 A system of supervision of local elections by watchers was established as early as 1891. 5,2 Under the present system each candidate for nomination or election is entitled to two watchers in each election district.513

1 he duty of furnishing election districts with necessary polling places devolved upon the county commissioners until 1937, when this was made the responsibility of the county board of elections.514 Polling places must

SM Ibid., secs. 626-628.

597 Const., art. VIII, sec. 11 as am. 1928; 1937 P.L. 1333 secs. 501-504.

598 Edward B. Logan, Supervision of the Conduct of Elections and Returns With Special Reference to Pennsylvania, p. 4; 1937 P.L. 1333.

508 1937 P.L. 1333 sec. 401.

610 Ibid., sec. 404.

511 1868 P.L. 30 sec. 9; 1937 P.L. 1333 sec. 415.

8,5 1891 P.L. 349 sec. 24.

“3 1937 P.L. 1333 sec. 417(a).

Ibid., sec. 302(b).

GOVERNMENT ORGANIZATION

65

consist of a single room and must be furnished with a guard rail.315 The board is authorized to fix the compensation for rent, heat, light, and janitorial services.516 It has always been the duty of the local law enforce- ment officers, such as constables, police officers, and the sheriff or his deputy, to maintain order at polling places.517

As early as 1813 a statute was enacted, permitting citizens of Pennsyl- vania serving in the army to vote.518 Since this section of the law was sub- sequently declared unconstitutional, an amendment to the Constitution of 1838 was made and later embodied in the present constitution, permitting citizens in military service under requisition of the President of the United States or by the authority of the Commonwealth, to vote while absent from their election districts. The Absentee Voters Act of 1923, permitting others to vote while away from their voting districts, was declared uncon- stitutional.519 In 1937, however, provision was again made for absentee voting by persons in military service.520

Before 1937 the returns of municipal and general elections were for- warded by precinct election officers to the prothonotary, who presented them to the court of common pleas. The judges computed the returns and gave certificates of election, under the seal of the court of common pleas, to the proper persons.521 Upon the adoption of the uniform primaries laws of 1906 and 1913, returns of primaries were directed to be sent to the county commissioners, who computed the vote.522 The authority of the court of common pleas and the county commissioners in this respect was wholly ministerial since they merely tabulated the returns as indicated on the face of the precinct return sheets. Since the passage of the Election Code of 1937, all returns in the municipal, general, and primary elections must be sent to the county board of elections. At the close of the polls the number of votes must be counted, certified, and signed by the judge and inspectors. The county board of elections also computes and canvasses

5,3 Ibid., sec. 530(a).

510 Ibid., sec. 531.

517 1839 P.L. 519 sec. Ill rep. 1937 P.L. 1333 sec. 1901 but reen. in sec. 1821.

618 1813, 6 Sm. L. 70 sup. 1 but reen. in secs. 1303-1333; 1839 P.L. 519 secs. 43-50 rep. 1937 P.L. 1333 sec. 1901.

619 “Review of Absentee Voters’ Legislation in Pennsylvania,” University of Penn- sylvania Lazv Revieiv, LXXIII (1925), 176-181. See also Const., art. VIII, sec. 6; 1923 P.L. 309 sec. 1-13.

620 1937 P.L. 1333 secs. 1301-1330.

521 Logan, op. cit., p. 60.

529 1906 (Sp. Sess.) P.L. 36; 1913 P.L. 719 sec. 14.

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COUNTY GOVERNMENT

the returns ; its duties in this regard are elaborately outlined by statute and designed to be an effective check on the returns as computed by the local election officers.523

Education. For the purpose of administering its public school system, Pennsylvania is divided into school districts, which in most cases follow city, borough, and township lines. These districts are divided into four classes according to population. The Department of Public Instruction supervises the school system. There is an elected board of school directors in each district and it is this board which appoints the district superin- tendent. County superintendents are elected for a 4-year term at meetings attended by school directors of all districts having schools which come under their supervision. The office expenses are paid by the county. The county superintendent of schools, however, is not strictly a county officer, but one who represents the State Department of Public Instruction and whose salary is paid by the State.

Pennsylvania made an early start in the direction of the education of its youth. The Dutch and Swedes who preceded the English were possibly more interested in general education of the people than their immediate successors.524 No provision for free public schooling, however, was made in their regime. Under the proprietary the county court was instructed to take care that “all persons . . . having children . . . shall cause such to be instructed in reading and writing, so that they may be able to read the Scriptures and to write by the time they attain to twelve years of age.” At the same time reference was made to what we now describe as voca- tional education in the following terms: “that then they be taught some useful trade or skill, that the poor may work to live, and the rich, if they become poor may not want.”825

The variances of language, religion, custom, and habits of the hetero- geneous groups comprising the Pennsylvania colony at this time and other obvious handicaps made it impossible to carry out these precepts.520 Parochial and pay schools were established in some regions. These humble schools were built and supported by contributions in most instances. In the back country German was the language usually used and the variety

625 1937 P.L. 1333 secs. 1310, 1401-1418.

5!‘ Schools in Pennsylvania, p. 9.

5:5 Laws of the Assembly, March 10, 1683, in Charter to William Penn, p. 142; see also ibid., pp. 95, 157, 238, 251.

,2r‘ Schools in Pennsylvania, p. 10.

GOVERNMENT ORGANIZATION

67

of subjects taught was limited. There were no academic standards for teachers and their quality was, generally speaking, poor.527

In spite of these conditions the desire for education grew greater and more general. After the Revolution there were organized efforts to pro- vide for a free public school system. The Constitution of 1790 admon- ished the legislature to effectuate a system for the instruction of the poor throughout the State. 52S In an act of 1809 the General Assembly directed each county to provide free education for pauper children between 5 and 12 years of age. This “pauper” provision, however, made it practically useless because many who could not afford to pay were still not willing to declare themselves paupers. In 1831 a general system of education was adopted by the legislature. A system of free public schools was established shortly thereafter by the Free School Act of 1834 as amended the follow- ing year. Its passage followed a long and bitter struggle. This law de- clared every township, borough, and city a separate school district, and provided for a local board of school directors for each district.529 In 1849 many of the permissive features of the act of 1834 became compulsory and in 1895 the first compulsory attendance law was passed.

Although the public school system has always been an integral part of State government, supervision between 1834 and 1854 was essentially a local function. In 1834 the Secretary of the Commonwealth acted as Superintendent of Common Schools. A law of 1843 made optional the appointment by the school boards of an inspector of schools in each dis- trict, to carry out the mandates of the local bodies.530 In 1854 a county system of supervision was introduced when the office of county superin- tendent of schools was established, to supersede the authority of the local inspectors. It became the duty of the county superintendent to visit all the schools of his county, to examine and certify teachers, and to see that the curriculum prescribed by law and by local boards was followed.531

In 1857 a State Department of Education, which was later to become the Department of Public Instruction, was created and a separate appointee

627 Ibid., pp. 11-14.

528 Const, of 1790, art. VII, secs. 1, 2.

529 Schools in Pennsylvania, pp. 15-18; Joseph J. McCadden, Education in Pennsyl- vania, 1801-1835, and its Debt to Roberts Vaux, p. 109; 1831 P.L. 385 sec. 1 ; 1834 P.L. 170 sec. 1 supp. 1835 P.L. 365.

630 Schools in Pennsylvania, p. 60.

531 Ibid.; 1854 P.L. 617 sec. 37.

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COUNTY GOVERNMENT

was named as Superintendent of Common Schools, the Secretary of the Commonwealth being thus relieved from these duties.532

Restrictions were imposed upon the authority of the county superin- tendent in 186/ when district superintendents were provided for in those cities having a population of 10,000 or over. Twelve years later 14 cities had already elected district superintendents. By 1884 there were 42 such cities, by 1934 there were 178, and today there are 182.533 To further effectuate local administration, the appointment of supervising principals In the board of school directors of any third- or fourth-class district was authorized in 1901. This office continued to be under the direct supervision of the county superintendent.53'4

The School Code of 1911 set up the present classification of school dis- tricts. The city, borough, and township districts are now divided into four classes based on population.535 There are at present a total of 2,550 school districts in Pennsylvania ; of this number 2 belong to the first class, 20 to the second class, 257 to the third class and 2,271 to the fourth class. Of these totals all first and second-class districts, and 1 62 third-class districts are under the direct supervision of district superintendents. The remain- ing third-class districts and all of the fourth-class districts of Pennsyl- vania are under the direction of county superintendents acting through supervising principals.

Before 1911 the county superintendent of schools was elected for a 3-year term at a meeting attended by school directors of all districts under his supervision, [hereafter his tenure was increased to 4 years.636 The county superintendent may nominate assistants.537 At present there are 80 assistant county superintendents in Pennsylvania.538

The basic laws for the establishment of a free school system in Pennsyl- vania had a numerous offspring and formed the cornerstone for a hierarchal educational development. The curriculum of schools began to be definitely planned. New courses were added throughout the nineteenth century- A growing consciousness of the need for the development of

Const., art. IV, secs. 1, 20; 1857 P.L. 263 rep. 1911 P.L. 309; 1911 PL 309 sec. 1001.

“ ■S'c/ioo/j in Pennsylvania, p. 61 ; Pennsylvania Manual, 1939, p. 606. c ‘ Schools in Pennsylvania, p. 61; 1911 P.L. 309 secs. 1214 1215.

030 1911 P.L. 309 secs. 101-105.

Ibid., secs. 1104, 1105 am. 1923 P.L. 349 No. 222 sec. 1.

1911 P.L. 309 sec. 1126 am. 1921 P.L. 1078 sec. 1 reen. 1933 P.L. 1072 sec. 3 and am. 1937 P.L. 2592 sec. 3.

‘ Pennsylvania Manual, 1939, p. 605.

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69

higher or secondary education, for the development of special training- courses for special vocations and handicapped individuals soon followed in the wake of the act of 1834.

The first high school to be established was the Central High School at Philadelphia, founded in 1836.539 A high school was established in Pitts- burgh in 1S49.540 In 1855 a charter was granted to the “Farmer’s High School,” which is now The Pennsylvania State College.541 But the gen- eral establishment of public high schools other than these special “central ones” was not extended until 1887 when legislation authorized high schools for cities and boroughs which were divided into wards for school pur- poses.542 The law of 1893 amending the act of 1854, which was itself later repealed, permitted the establishment of high schools in boroughs not di- vided into wards for school purposes and having at least 5,000 popula- tion.543 In 1895 provision was made for the establishment of high schools in every district of the State and power was granted to the directors to form “joint high schools.” 544

By the beginning of the twentieth century the high school had become recognized to such an extent that when an act was passed providing for the centralization of township schools the same act contained provisions for the establishment of township high schools.545 The High School Act of 1905 required districts not maintaining a high school to pay the tuition of their pupils in another district.546 The School Code of 1911, which re- pealed all of these acts, made provision for a complete system of secondary education and encompassed within its bounds all of the above provisions in some slightly altered form.547 Ten years later the junior high school

539 1836 P.L. 525 sec. 23.

549 1849 P.L. 528 sec. 17.

641 Schools in Pennsylvania , p. 81.

642 1887 P.L. 104 sec. 1. As late as 1860 there were only six public high schools in the State.

543 1854 P.L. 617; 1893 P.L. 146 rep. 1911 P.L. 309.

544 1895 P.L. 413 sec. 1 rep. 1911 P.L. 309.

945 1901 P.L. 105.

040 1905 P.L. 40 sec. 1 am. 1907 P.L. 202 sec. 1.

147 1911 P.L. 309 sec. 1701 am. 1921 P.L. 1036 sec. 1 further am. 1925 P.L. 166 sec. 1 ; 1911 P.L. 309 sec. 1702 rep. 1925 P.L. 166 sec. 3; 1911 P.L. 309 secs. 1704, 1705 am. 1921 P.L. 1036 secs. 2, 3; 1911 P.L. 309 sec. 1707 am. 1915 P.L. 672 further am. 1927 |?.L. 689 No. 439; 1911 P.L. 309 sec. 1708 am. 1923 P.L. 455 No. 247 further am. 925 P.L. 435 sec. 3; 1911 P.L. 309 sec. 1711 am. 1921 P.L. 1036 sec. 4; 1911 P.L. ;09 sec. 1711(a) added 1931 P.L. 243 sec. 38 am. 1937 P.L. 564; 1911 P.L. 309 secs. 703, 1706, 1709, 1710, 1712-1715; 1911 P.L. 309 sec. 1716 added 1925 P.L. 435 sec. 2.

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COUNTY GOVERNMENT

was recognized as part of the secondary school scheme of the State.54* *

Vocational, industrial, and agricultural education in Pennsylvania was first defined in 1913. Provision was made for the establishment and regu- lation of vocational schools. Detailed rules for State and local adminis- tration and control were included in this act.549 In the same year the legis- lature made a sizable appropriation to develop and encourage this work.550 At the next session of the legislature the Coxe Child Labor Act provided for the general continuation school.551 The Showalter Act of 1917 accepted the provisions of the Federal Smith-Hughes Act granting Federal aid in the promotion of vocational education.552 This act was effective in further- ing the vocational phase in the Pennsylvania educational program.

In order to meet the modern standards demanded for a successful pro- gram of agricultural and home economics education, the Federal George- Reed Act of 1929 provided additional funds for these purposes.553 Addi- tional Federal George-Reed funds appropriated since 1937 have made pos- sible the extension of county supervision in the fields of vocational agricul- ture and home economics education.554 The Division of Agricultural Edu- cation of the Bureau of Instruction is responsible for the administration of the training of boys for the occupation of farming in the Pennsylvania public schools. Vocational agriculture is taught in rural high schools and is under the supervision of a county vocational education advisor. Similarly, vocational home economics is taught in rural communities through the services of the county home economics education advisor. Both advisors are State employees.

A further effort to equalize public educational opportunity was the estab- lishment of a program of extension education for out-of-school youth and adults. In 1911 the General Assembly, recognizing a need for such a pro- gram, gave it legislative sanction. Its purpose is not entirely vocational training. It aims also at the correction of those handicaps which make it difficult for individuals to adjust themselves to changing conditions. It further aims toward the development of skills and the encouragement of creative ability. An act passed in 1937 provided for courses in parent edu-

•** 1911 P.L. 309 sec. 1701 am. 1921 P.L. 1036 sec. 1.

*4* 1913 P.L. 138.

“"1913 P.L. 1249.

“‘1915 P.L. 286.

Schools in Pennsylvania, p. 25.

544 Ibid.

“* Biennial Report, p. 25.

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71

cation, the most vital phase of which is the training of foreign-born parents in American customs and civilization.555

The State plan for the 5-year period 1937 to 1942 contains two new phases of vocational education : preparation for public service occupations such as firemen, policemen, and tax collectors ; and preparation of indi- viduals in distributive occupations, in the fields of buying and selling.355

After the passage of the Free School Act of 1834 single-room schools were constructed in isolated areas because of the scattered population. The expense entailed in operating these schools and the transportation difficul- ties involved led to a movement to consolidate rural schools, which culmin- ated in the passage of the act of 1901. This law provided for the con- solidation of township schools, and the transporting of pupils to these central schools at the expense of the district. This authority was reaffirmed by the act of 1911 and encouraged by the act of 1919, which required school directors to discontinue one-teacher schools having an average term attendance of 10 or less, unless the State Council of Education permitted their continuance. A further stimulus was provided in 1925 when the State agreed to pay as much as 75 percent of the transportation costs of these pupils. The State Council of Education has established standards for motor vehicles transporting children and for stations in rural areas. In connection with the establishment of consolidated schools, the task of select- ing sites, determining routes, and making contracts for transportation of children is a function shared by the local district authorities and the county board of school directors, an agency established in 1937. 557

The State Council has further developed a consolidation and transporta- tion division, its major function being to promote more satisfactory schools and attendance areas and more efficient units of school administration. The major services of this division involve school mergers and consolidation growing out of both internal and external reorganization and direct super- vision of the development of adequate transportation facilities.558

Pennsylvania has given an increasing amount of attention to the prob- lem of education for the physically and mentally handicapped. Individuals with a philanthropic trend of thought began to develop facilities to care

655 1911 P.L. 309 sec. 1901 am. 1925 P.L. 159 sec. 1 further am. 1937 P.L. 599; 1925 P.L. 492 sec. 2 am. 1937 P.L. 599.

658 Biennial Report, p 42.

557 1901 P.L. 105 No. 77 sec. 1; 1911 P.L. 63 sec. 1; 1919 P.L 498 secs. 1-4 am. 1923 P.L. 463 sec. 1 further am. 1925 P.L. 634 sec. 4.

“9 Biennial Report, p. 76,

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for these unfortunates and it was not long before the State began to par- ticipate. Today we have, in addition to elementary, secondary, and voca- tional schools operated by the school districts, numerous State-owned and State-aided schools for the teaching of the crippled, the blind, and the deaf. The Pennsylvania Institution for the Instruction of the Blind, in Philadelphia, a private but State-aided institution, is maintained principally for the training of blind children, as is the Western Pennsylvania School for the Blind at Pittsburgh. The Pennsylvania State Oral School for the Deaf at Scranton and the Home for Training in Speech of Deaf Children at Philadelphia, both State-owned, are intended for the instruction of deaf children. Other State-aided institutions are the Western Pennsylvania School for the Deaf at Pittsburgh, and the Pennsylvania School for the Deaf at Philadelphia.039

The School Code of 1911 provided that the State should pay for the education of impecunious handicapped children between the ages of 8 and 16 outside the school district. This act was amended in 1919 to permit the State to pay for readers for blind students in higher institutions of learning. In 1925 the State was authorized to defray “necessary” expenses of blind or deaf children in colleges and other schools.500

Specialized institutions operated by the State are such schools as the Thaddeus Stevens Industrial School for indigent orphan boys between 16 and 18; the Pennsylvania State Oral School for the Deaf; the Penn-