Pinehot, 080133 PAAGO, AGO 85

• Case Date: August 01, 1933
• Court: Pennsylvania

Honorable Clifford Pinehot AGO 85 Opinion No. 85 Pennsylvania Attorney General Opinions Opinion of the Attorney General August 1, 1933          County Officers—Sheriff—Power of sheriff when the Governor has sent the militia into a county to preserve! law and order. Art IV, Sees. 2 and 7 of the Constitution.          In any and every part of the Commonwealth, the Governor has the highest civil as well as military authority to safeguard life and property and preserve law and order. All other civil police officers, including the sheriffs of the several counties and their deputies, wherever located, are subordinate to him.          When the militia has been called out to quell riotous conditions in any part of the State, it acts solely under the orders of the Governor as commander-in-chief, and his military aides. The sheriffs of the several counties are without authority to give any directions whatever to the military forces.          Honorable Clifford Pinehot,          Governor of Pennsylvania,          Harrisburg, Pennsylvania.          Sir: You have asked to be advised regarding the extent of a sheriff's power when you have sent the militia into a county of the State to preserve law and order.          Article IV, Section 2 of the Constitution provides that:

"The supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed * * *."

         Under Article IV, Section 7, the Governor is constitued the "commander-in-chief of the army and navy of the Commonwealth, and of the militia, except when they shall be called into the actual service of the United States."          The sheriffs of the State have no connection with or jurisdiction over the militia. Subordinate military officers are required to recognize only their superior officers; when on active duty it is obvious that they function under the civil and military authority of the Governor and independently of the civil police officers of the county or counties where they are located.          In addition, the Governor's constitutional authority as the Commonwealth's supreme executive power to take care that the laws be faithfully executed is State-wide and unlimited. He is not subordinate to the sheriff or any other police officer. His directions, in times of emergency, supersede those of any other State or local officer.          At common law the sheriff was under the crown. Under our Constitution, the sheriff is under the Governor...