Hatfield Township Supervisors

8 Pa. D. & C.2d 728, 1956 Pa. Dist. & Cnty. Dec. LEXIS 420
CourtPennsylvania Court of Common Pleas, Montgomery County
DecidedApril 11, 1956
Docketno. 3
StatusPublished

This text of 8 Pa. D. & C.2d 728 (Hatfield Township Supervisors) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hatfield Township Supervisors, 8 Pa. D. & C.2d 728, 1956 Pa. Dist. & Cnty. Dec. LEXIS 420 (Pa. Super. Ct. 1956).

Opinion

Forrest, J.,

The Supervisors of Hatfield Township have filed this appeal from surcharges set forth in the report of two township auditors to this court for the year 1954. The representa[729]*729tion has been made to the court that at the time of the filing of the report there were only two such auditors, instead of three as prescribed by the act of assembly. The surcharges are predicated upon (1) alleged payment of foreign fire insurance premium tax funds to firemen’s relief associations existing outside of the township; (2) payments of compensation to the township supervisors for allegedly improper meetings.

An appeal by officers whose accounts are settled' from the audit of township auditors to the court of common pleas is provided for by The Second Clase Township Law of May 1, 1933, P. L. 103, sec. 553, as-last amended by the Act of July 10, 1947, P. L. 1481,, sec. 7, 53 PS §19093-553. On such appeal, “. . . the burden shall be upon each officer, whose accounts are in question, to establish the validity of the credits which he claims”: The Second Class Township Law of 1933, supra, as amended, 53 PS §19093-559. The same act provides that: “After hearing, the court shall file its findings of fact and law, and enter judgment in accordance therewith . . 53 PS §19093-560. Accordingly, after a hearing, there are made the follow-, ing:

Findings of Fact

Surcharge no. 1

1. On May 3, 1954, William A. Reube, Frederick A. Seiz and Robert E. Heyman, as supervisors of Hatfield Township, a Second Class Township, received $522.96 from the State Treasurer, representing a payment from the so-called foreign fire insurance premium tax fund.

2. On the same day the said supervisors, on motion, paid the same sum to the Colmar Fire Company Relief Association.

3. Colmar Fire Company is the only fire company situated in Hatfield Township.

[730]*7304. Fairmount Fire Company of Lansdale and Hatfield Borough Fire Company also help put out fires in Hatfield Township.

5. Later in 1954, the supervisors received and deposited a check from the Colmar Fire Company Relief Association in the same sum. Said check was sent voluntarily, with the request that the supervisors distribute the amount thereof equally among Colmar Fire Company Relief Association, Hatfield Volunteer Fire Company Relief Association and Fairmount Fire Company Relief Association.

6. In years preceding 1954, the said supervisors had adopted a resolution recognizing all three of the aforesaid fire companies.

7. Upon receipt by the supervisors of the check from the relief association, the supervisors distributed the proceeds of the check in three payments of $174.32 each to Colmar Fire Company Relief Association, Hatfield Volunteer Fire Company Relief Association and Fairmount Fire Company Relief Association.

Surcharge no. 2

8. The supervisors had 12 regular official public meetings in 1954 concerning which there is no dispute.

9. In addition the supervisors had one extra official public meeting concerning which there is no dispute and also three official meetings as follows: (a) On February 25, 1954, for the adoption of the budget pursuant to notice on February 5, 1954, in the North Penn Reporter. The bill for publication of this notice was approved in writing by the auditors; (b) on June 10, 1954, to observe a demonstration of certain equipment which was subsequently purchased by the supervisors; (c) on July 21, 1954, to eliminate duplication in names of streets.

10. Official minutes of all of the above-mentioned regular and extra meetings were kept.

[731]*73111. Louise P. Schaeffer and Florence M. Donahy, auditors of Hatfield Township, filed their annual auditor’s report for 1954, in which they made the following surcharges:

“Firemen’s relief from State fire insurance tax:
All three supervisors: $348.64 (total)
(Fairmount Fire Company Relief Association, $174.32)
(Hatfield Volunteer Fire Co. Relief Association, $174.32).”
“Compensation for attendance at meetings:
William Reube $18.00
Frederick Seiz 18.00
Robert E. Heyman 18.00.”

Discussion

The funds referred to in finding of fact no. 1 were received by the supervisors under Act of June 28, 1895, P. L. 408, sec. 2, as last amended by Act of May 26, 1949, P. L. 1825, sec. 1, 72 PS §2262, providing inter alia:

“. . . there shall be paid by the State Treasurer to the treasurers of the several . . . townships, and boroughs within the Commonwealth, the entire net amount received from the two per centum tax paid upon premiums by foreign fire insurance companies. . . . Each . . . borough, town or township, receiving any payment from the State Treasurer hereunder, shall forthwith pay the amount received to the relief fund association of .. . such fire company, or fire companies . . . now existing, or hereafter organized, in such . . . borough, town, or township, and duly recognized as such by the council or commissioners or supervisors, as the case may be, of such . . . borough, town, or township. In any borough, town or township in which there is no fire department or fire company or [732]*732companies, the amount received by the treasurer of the borough, town or township from said tax shall be forthwith paid to the relief fund association ... of the . . . fire company or companies of any near or adjacent . . . borough, town, or township, the fire department or fire company or companies of which afford fire protection to the inhabitants of such borough, town, or township.” (Italics supplied.)

The supervisors unquestionably made the payment of the entire $522.96 to the relief fund association of the one and only duly recognized fire company existing in Hatfield Township. No exception to such action was taken by the auditors, and the first surcharge undoubtedly would not have been made if that had ended the matter. However, the fire companies of neighboring Lansdale and Hatfield Borough have willingly assisted and coóperated in putting out fires in Hatfield Township. As to certain parts of Hatfield Township they are in closer proximity than the Colmar Fire Company. Undoubtedly, for these reasons, the Colmar Fire Company Relief Association desired that the similar associations of other fire companies serving in Hatfield Township should share in the payment received from the State Treasurer.

The Colmar Relief Association might have made the payments directly to the other associations. Instead, it chose to place the fund in the hands of the supervisors of Hatfield Township for the purpose of dividing the fund into three equal parts and payment of same to the relief associations of the three fire companies serving that township. The supervisors cooperated in this procedure. Strictly speaking, this cooperation, entailing the receipt of funds from the Colmar Association and the redistribution thereof by drawing three checks, was not a function of the supervisors in their capacity as such. Neither this receipt nor the three payments were' proper items in the ac[733]*733count which was audited.

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Related

Firemen's Relief Ass'n v. Scranton
66 A. 1103 (Supreme Court of Pennsylvania, 1907)

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Bluebook (online)
8 Pa. D. & C.2d 728, 1956 Pa. Dist. & Cnty. Dec. LEXIS 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hatfield-township-supervisors-pactcomplmontgo-1956.