Lehman, 022731 PAAGO, AGO 3

• Case Date: February 27, 1931
• Court: Pennsylvania

Honorable P. H. Lehman AGO 3 Opinion No. 3 Pennsylvania Attorney General Opinions Opinions of The Attorney General February 27, 1931          Judges—Salwries Dependent upon Population—Censes of 1930—Act of May 16, 1929, P. L. 1780.          The salaries of common pleas judges are fixed by Sec. 4 of the Act of 1929, P. L. 1780, and until further action of the legislature, salaries at higher rates than those payable during that part of the current biennium which preceded the taking of the 1930 census, cannot lawfully be paid.          Honorable P. H. Lehman,          Deputy Auditor General,          Harrisburg, Pennsylvania.          Sir: I have your favor of January 28, relative to the effect of the 1930 United States Census upon the amounts of the salaries respectively payable to the judges of those judicial districts in which the salary payable is dependent upon the population.          You state that several judges have called to your attention the fact that under the 1930 census, as published by the Census Bureau of the Department of Commerce of the United States, their judicial districts have advanced to a class in which higher salaries are paid to judges. The census was taken as of April 1, 1930 under an Act of Congress, which did not provide upon what date the enumeration should become official. However, the Director of the Census advises that on December 13, 1930 the Bureau of the Census of the United States Department of Commerce officially issued a population bulletin entitled, "Pennsylvania Number and Distribution of Inhabitants."          You desire to know as of what date, if any, salaries of judges of our courts of common pleas were increased as the result of the 1930 census.          The salaries of our common pleas judges are fixed by Section 4 of the Act of May 16, 1929, P. L. 1780, which provides definite salaries for judges of the first and fifth judicial districts (Philadelphia and Allegheny respectively) regardless of population, and then provides that the annual salary of each common pleas judge learned in the law, in judicial districts having a population of one hundred thousand (100,000) or more, shall be twelve thousand dollars ($12,000) ; in districts having a population of sixty-five thousand (65,000) or more, but less than one hundred thousand (100,000), ten thousand dollars ($10,000) ; and in districts having a population of less than sixty-five thousand (65,000), nine thousand dollars ($9,000). ...