Pennsylvania Advisory Opinions February 14, 1912: AGO 100

Advisory Opinion Text

TERM OF OFFICE.

An alderman elected in 1907 had his term of office extended by the Constitutional Amendment of 1909 and the Act of March 2, 1911, P. L. 8, until the first Monday of January, 1914, and his successor should be elected in 1913.

Hon. Robert McAfee, Secretary of the Commonwealth, Harrisburg, Pa.

Sir: This Department is in receipt of your communication of February 14, 1912, requesting that you be furnished with an opinion with reference to the appropriate time to elect successors to aldermen and justices of the peace elected and commissioned in the year 1907.

I understand that your request for an opinion grows out of the application of W. D. Mansfield, of McKeesport, Pa., for a commission as alderman of the Fourth Ward of the city of McKeesport, and that said application is based upon the following facts:

The said W. D. Mansfield was elected to the office of alderman of the said Fourth Ward of the city of McKeesport at the February election in 1907, and pursuant to said election and return thereof, was commissioned as alderman of said ward for the term of five years from the first Monday of May, 1907, or until the first Monday of May, 1912. Mr. Mansfield being of the opinion that his term of office would expire on the first Monday of May, 1912, became a candidate for re-election and was voted for as a candidate for said office at the November election of 1911. A return having been duly filed, showing that the said W. D. Mansfield was elected to the said office of alderman at said November election of 1911, you have been requested to issue a commission to him commissioning him as alderman of said ward for the term of six years from the first Monday of May, 1912. In the opinion of this Department the term of Mr. Mansfield as alderman was extended by the terms of the constitutional amendments adopted at the November election of 1909, the provisions of the schedule accompanying said amendments, and the provisions of the Act of March 2, 1911, (P. L. 8), until the first Monday of January, 1914.

Under this construction there was no vacancy in the said office of alderman of said ward to be filled by election at the November election of 1911, nor can any successor to the said W. D. Mansfield be elected until the November election in the year 1913. This construction of course assumes the constitutionality of the said Act of March 2, 1911, in so far as it applies to the office of alderman or justice of the peace.

You are therefore advised that in the opinion of this Department the said W. D. Mansfield is not entitled to a commission by virtue of his election to the office of alderman at the November election of 1911.

Very truly yours,

JNO. C. BELL, Attorney General.