Rule, 013031 PAAGO, AGO 1

Case DateJanuary 30, 1931
CourtPennsylvania
Honorable James N. Rule
AGO 1
Opinion No. 1
Pennsylvania Attorney General Opinions
Opinion of the Attorney General
January 30, 1931
         Public Schools—County Superintendent—Salary—Population—Decennial Census —Act of 1911, P. L. 309, Sec. 1210.          The change in population of any county of this Commonwealth, became effective on Dec. 13, 1930, the day on which the 1930 census figures were officially promulgated.          No increase may be allowed in the salary of any county superintendent of schools who was elected or appointed prior to Dec. 13, 1930.          Honorable James N. Rule,          Acting Superintendent of Public Instruction,          Harrisburg, Pennsylvania.          Sir: We have your request under date of January 23, 1931, to be advised whether the minimum salaries prescribed by the Act of May 18, 1911, P. L. 309, Section 1210, (8), for county superintendents of schools are affected where there has been an increase in population in any county of this Commonwealth, as evidenced by the last decennial census, and if affected thereby, the date when such change became effective.          In our view of the law it is not necessary for the determination of the question submitted to decide when any such change in population became effective. In view, however, of the necessity of determining this question in many instances in the administration of the school law by your department, you are advised that it is not the mere existence of the fact of population which will govern its application, but its legal and official ascertainment. A county once having its status as to population settled retains it until it is legally and officially ascertained to have been changed. Such change in population of any county of this Commonwealth became effective on December 13, 1930, the day on which the Census Bureau of the United States Department of Commerce officially promulgated the 1930 census figures for Pennsylvania:
Lewis V. Lackawanna County,
200 Pa. 590, reversing
Lewis V. Lackawanna County,
17 Superior 25;
Commonwealth, ex rel. v. Walter,
274 Pa. 553, 556.
         County...

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