Freeland Tribune

De Turk and His Two Offices.

Justice McCollum, in the Supreme Court, handed down an opinion at Pittsburg on Tuesday in the case of Samuel G. De Turk against the commonwealth, an error to the common pleas of Schuylkill County. De Turk was postmaster of De Turksville, and on November 8, 1887, was elected a commissioner of Schuylkill County and continued to hold both offices. On October 24, 1888, at the suggestion of the district attorney, a writ of quo warranto was issued on De Turk to show cause why he should not be removed from the office of county commissioner. This action was based on the act of congress prohibiting any person from holding an office of trust under the United States and at the same time a salaried office in the state. De Turk resigned as postmaster on November 13, 1888, but on January 14, 1889, a judgment of ouster was entered against him, dispossessing him of the position of county commissioner. De Turk appealed and Justice McCollum decided the case in his favor. In his opinion he held that the act of congress was very plain and may be enforced without legislative aid, and no action of the legislature can destroy it. He held that the lower court erred, and that De Turk's acceptance of the position of county commissioner was an implied resignation from the postmastership, and he held the latter position afterwards without authority.