Schuylkill Legal Record Containing Cases Decided by the Judges of the Courts of Schuylkill County Volume 7 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...states specifically that the County Commissioners are hereby authorized and required to publish the mercantile appraiser's list of names, etc. This language does not give the Commissioners any discretion, as it requires them to perform this duty as set forth in the act. If the legislature had only used the word authorized, the Commissioners would simply have been clothed with authority, warrant, or legal power or right to act, permitting them to use their discretion, as the word "authorize" means to make legal; to legalize; but the word "require" means to demand; to insist upon having; to exact. Requirement is an imperative or authoritative command. The requirements in this law are that they shall publish the list in three papers of general circulation, one of which shall represent the minority party of the two principal parties of the county, etc. The testimony in this case shows that the Commissioners violated this Act of Assembly: First: -In not publishing the list in papers of general circulation, (as it is a fact stated in the petition and of universal public knowledge and not disputed that the "Tamaqua Courier" and the "Daily Record" of Mahanoy City are not and do not claim to be papers of general circulation). Second: -It is also sworn to and not denied that the "Evening Chronicle" is a paper of general circulation, yet the Commissioners in direct conflict and violation of this Act of Assembly published this list in the "Tamaqua Courier" and "Daily Record" of Mahanoy City and refused to publish it in the "Evening Chronicle." Third: -It is sworn to and proven by the election returns that the Keystone party is the majority party in the County. It is also alleged and not disputed that the "Evening Chronicle" advocated the policies of the...