124 Common in Allegheny pleas judges County, each, Common pleas judges in districts having a population of 100,000 and less than 500,000, each, Common pleas judges in districts hava population of 65,000 and less than 100,000, each, Common pleas judges in districts havthan 65,000, population of a less each, cases: the Commonwealth's also and shall $2,400 each, per annum the help of stenographers, writers and clerks.) Orphans' court judges shall receive the same salaries as are paid to the same President Judge of the Municipal Court of Philadelphia, Associate Judges of the Municipal Court Judges of the County Court of Allegheny County, each, State Reporter of the Supreme Court, Associate Judges receive $5.00 per each day employed, and mileage. salary is $600 per annum. $12,000 aminer, in such ways as he may be reasonably able to do, he shall receive for the remainder of the term for which he was elected, if he shall so long live, the salary he would have received 10,000 had he remained in active service in such court. Any judge of the Supreme, Superior, common pleas, orphans', municipal, or county court, who 8,000 shall have served in judicial office for twenty years or more immediately prior to the date of his resignation or retirement, may resign or re7,000 tire, and, if after his resignation or honorable retirement from office by expiration of term or otherwise he shall hold himself in readiness to advise with his successors and their colleagues, and to perform duties as special master, referee, auditor, or examiner, in such ways as he may be reasonably able to do, shall receive during the remainder of the term for which he was last elected, if he shall so long live, and during the remainder of his life after the expiration of the term for which he shall have been elected, a sum equal to one-half of the salary which would have been paid to him had he continued in active service in such court. 8,500 8,000 8,000 Any judge of the Supreme, Superior, common pleas, or orphans' court, who has heretofore served in judicial office for twenty years or more and who has heretofore retired from office by 8,500 expiration of his term or by resignation or otherwise, and who shall, after passage of this act, hold himself in readiness to advise with his successors and their colleagues of the court of which he had been a member, and to perform such duties as special master, referee, auditor, or examiner, in such ways as he may be reasonably able to do, shall receive during the remainder of his life one-half of the salary which would have been paid to him had he continued in active service as a member of such court. day for The minimum RETIREMENT OF JUDGES. Whenever the Governor is of opinion, based No judge, while accepting the benefits of recompensation for the performance of any duties tirement act, shall be entitled to any additional assigned to him hereunder, but such judge shall not be obliged to accept an assignment or duty a member at the time of his retirefrom any court other than the court of which ment. he was Any judge who by reason of physical or men(Act tal disability is permanently incapacitated for tions, may notify the Governor thereof. performing his regular judicial duties or funcof June 12, 1919, P. L. 461.) JUDICIARY BIOGRAPHICAL SKETCHES OF MEMBERS OF THE 125 SUPREME COURT ROBERT VON MOSCHZISKER was born in Philadelphia, March 6, 1870, son of Dr. Frank A. von Moschzisker, a native of Poland, and Clara (Harrison) von Moschzisker, an American. During the poltical uprisings of 1848, his father, who at that time was an officer in the Austrian Army, joined the Hungarian forces under Kossuth; he was taken prisoner of war, but escaped to England, where he became a professor in King's College, London. he studied medicine on the continent and then Later, came to America and practiced his profession. Both of Robert von Moschzisker's parents died when he was a boy. education in the public schools, continuing his He received his early studies under private tutors and through individual effort. He studied law with the late Edward Shippen, Esq., was admitted to the Bar, June 1, 1896. of Philadelphia, and January, 1902, he was appointed third assistant In district attorney of Philadelphia County, and later advanced to the position of second assistant, then to first assistant. He was elected Common Pleas No. 3, of Philadelphia County, a judge of the Court of in November, 1903, and a justice of the State Supreme Court in November, 1909. 3. 1921, he became Chief Justice of PennsylOn January vania. The honorary degree of Doctor of Laws was conferred upon him by the University of Pennsylvania, Lafayette College, Dickinson College, Juniata College, Pennsylvania Military College and Temple University. member of the Phi Beta Kappa and the Delta He is an honorary Theta Phi Fraternities. the Law School of the University of PennsylHe is a lecturer at vania, a writer on legal and social subjects and the author of "Trial by Jury,' "Judicial Review of Legislation," 1924. 1922, and Justice von Moschzisker married Chief Macbeth of Pittsburgh, in 1912, and they have Miss Anne three children. ROBERT S. FRAZER was born in Fayette City, Pennsylvania. and private schools and the West Chester AcaHe was educated in public demy. He studied law in Pittsburgh and was admitted to practice in the courts of Allegheny County in 1874. He served as a member of the Pennsylvania House of Representatives in the sessions of 1877, 1878 and 1879. He was elected a Judge of Court of Common Pleas No. 2, Allegheny County, in 1896, and re-elected in 1906. Judge of that Court in 1900 and He became President Judge of the President consolidated Court of Pleas of that County in 1912, serving .until Common his election as a justice of the Supreme Court of Pennsylvania in 1914. burgh. He is a Presbyterian and, in politics, a He resides in PittsRepublican. He EMORY A. WALLING was born in Greenfield Township, Erie County, June 11, 1854, son of Thomas and Laura (Elliot) Walling. attended the public schools, Normal School and Lake Shore Seminary, North Edinboro State East, Pennsylvania. Erie County Bar in 1878 and practiced law He was admitted to the until 1897, in the meantime having served one term as district attorney (1882-1885) and one as State Senator (1885-1889). He was President Judge of the sixth district (Erie County) for nineteen years, ending January 1916, when he became a member of the Pennsylvania Supreme Court by appointment of Governor Brumbaugh, followed by election for a full term, beginning January, 1917. in Philadelphia, January 7, 1855, son of J. Alex- He is a member of the Law Association of JOHN W. KEPHART was born at Wilmore, engaged in general practice, particularly cor- They have three children. judicial district (Cumberland County) in 1914, and served in that position until January 1, Republican Party. He resides at Allentown, 1921, when he became an associate justice of Pennsylvania. the Supreme Court of this State. WILLIAM IRWIN SCHAFFER was born in Germantown, Philadelphia, February 11, 1867, son of George A. and Henrietta (Irwin) Schaffer, his mother being the daughter of William H. Irwin, Adjutant General of Pennsylvania, 1848-1852. Не was educated in the public schools of Chester, Pennsylvania, and after reading law with Judge William B. Broomall, was admitted to the Delaware County Bar, February 13, 1888. After his admission, he engaged in active practice of law until he became a member of the judiciary. He was twice elected district attorney of Delaware County, serving in that office from 1894 to 1900. In March, 1900, he was appointed State Reporter of Pennsylvania, continuing as such until January 1, 1919. He was chosen president of the Pennsylvania Bar Association in 1918. On January 21, 1919, he was appointed Attorney General of Pennsylvania by Governor Sproul, and, on December 14, 1920, was elevated to the Supreme Court. At the general election of 1921, he was elected a member of that Court for the full term of twenty-one years. Lafayette College and the Pennsylvania Military College have conferred upon him the degree of Doctor of Laws. SUPERIOR COURT WILLIAM DAVID PORTER was born in Hancock County, West Virginia, January 3, 1850, son of James S. and Elizabeth (McCandless) Porter. He was educated at the Beaver Aca WILLIAM HUESTIS KELLER was born in Montgomery County, Maryland, August 11, 1869, the son of Daniel S. and Martha Eleanor (Huestis) Keller; his father shortly afterward returing with his family to Centre County, Pennsylvania. He attended the Bellefonte public schools, the Bellefonte Academy and Frankin and Marshall College, from which he was graduated in 1891. He then studied law in his father's office and at George Washington University. He began the practice of law in Lancaster, Pennsylvania, on August 22, 1893, and was a member of the law firm of Coyle and Keller from January 1, 1899, until his appointment to the Superior Court of Pennsylvania. He was a delegate to the National Republican Conventions of 1908 and 1912. He served as First Deputy Attorney General from May 1, 1915, to January 6, 1919, when he was appointed judge of the Superior Court by Governor Brumbaugh, and was elected for a full term in November, 1919. He resides in Lancaster. WILLIAM B. LINN was born in Ephrata, Lancaster County, Pennsylvania, December 20, 1871. He attended the public schools and later taught in same. He studied law at the University of Pennsylvania and was graduated in 1897, practicing law in Philadelphia from that time until November 5, 1919, when he was appointed to the vacancy resulting from the death of Judge J. Henry Williams. He was elected in 1920 for a full term. He is married and has four children. ROBERT S. GAWTHROP was born in Newlin demy, Pennsylvania: Mantua Academy, Phila Township, Chester County, Pennsylvania, Octodelphia; and the Law Department of the University of Pennsylvania. He was admitted to the Bar in 1872, and practiced law in Pittsburgh. He was elected district attorney of Allegheny County, serving in that office from 1884 to 1890. Не was Judge of the Court of Common Pleas from 1891 to 1898 and has been Judge of the Superior Court of Pennsylvania, since the latter year. He is President Judge of that Court. He is a Republican in politics. He resides in Pittsburgh. JOHN J. HENDERSON was born in Allegheny County, Pennsylvania, and in 1856 moved with his parents to Meadville. He was educated at Meadville Academy and Allegheny College. He served in the Union Army during the Civil War from August, 1862, to June, 1865. He was admitted to the Bar in 1867 and elected district attorney of Crawford County in 1872. He became President Judge of the thirtieth judicial district (Crawford County) in 1887. He was appointed a judge of the Superior Court in March, 1903. In the fall of 1903, he was elected for a full term and reelected in 1913 and again in 1923. He resides in Meadville, Crawford County. FRANK M. TREXLER was born in Allentown, Pennsylvania, January 9, 1861, son of Edwin W. and Matilda (Sauerbeck) Trexler. He received from Muhlenberg College the degree of Bachelor of Arts in 1879, the degree of Master of Arts in 1882, and that of Doctor of Laws in 1910. He began the practice of law in Allentown in 1882; was city solicitor for eleven years. He was President Judge of Lehigh County Court from 1902 to 1913, and associate judge of the Superior Court since February 1913, for term expiring 1925. He was re-elected in 1924 for the term ending 1935. He has been president of the Allentown Y. M. C. A. since 1890. He is a member of the Pennsylvania State Bar Association, American Bar Association, Historical Society of Pennsylvania and the Lehigh County Historical Society. He married Miss Jennie R. Shelling, of Allentown, in 1889. He is a Presbyterian and is identified with the ber 20, 1878. He was graduated from the West Chester High School in 1897, and from the University of Pennsylvania in 1901, with the degree of Bachelor of Arts. He studied law in the office of Hon. Thomas S. Butler at West Chester, Pennsylvania, and was admitted practice in 1904. He was district attorney of Chester County from 1909 to 1911 and served as chairman of the Republican County Committee for that County for a number of years. to He was appointed judge of the Court of Common Pleas of Chester County by Governor Brumfirst Monday of January, 1916. baugh and served from May 11, 1915, to the He was appointed First Deputy Attorney General by Governor Sproul in January, 1919, and served in that capacity under Attorneys General William I. Schaffer and George E. Alter, until May, 1921, when Governor Sproul appointed him a Judge of the Superior Court to fill the vacancy caused by the resignation of Judge John B. Head. He was elected a member of that court for a term of ten years in November, 1921. JESSE E. B. CUNNINGHAM was born at Johnstown, Pennsylvania, December 19, 1868, son of John and Eliza (Taylor) Cunningham and grandson of John Cunningham, one of the founders of Blairsville, Pennsylvania, and an associate judge of Indiana County. He attended Washington and Jefferson College. He was admitted to Westmoreland County Bar in 1893, and elected district attorney of Westmoreland County in 1900; re-elected in 1903. He was appointed Deputy Attorney General of the Commonwealth of Pennsylvania in 1907 and resigned in 1915. He resumed private practice at Harrisburg, in association with Charles H. Bergner, until elected to the Superior Court of Pennsylvania on November 3, 1925, for a term of ten years, to fill the vacancy occasioned by the expiration of the third term of Honorable George B. Orlady. He is a member of County, State and National Bar Associations: member of Board of Managers of Harrisburg Hospital, and a trustee of Wilson College, Chambersburg, Pennsylvania. He received the honorary degrees of Master of Arts and Doctor of Laws from Washington and Jefferson College. STATE SUPREME AND SUPERIOR COURTS SUPREME COURT. 1 Chief Justice-Robert von Moschzisker, (1931), 2101 DeLancey Street, Philadelphia. Justices-Robert S. Frazer, (1986), 1100 Shady Sylvester B. Sadler, (1942), Carlisle, William I. Schaffer, (1943), Haver- Eastern District, City Hall, Philadelphia. Prothonotary-Thomas Robins, Hazelhurst Avenue, Merion, Pennsylvania, Office, Room 458 City Hall. Deputy Prothonotary-Edna W. Mixsell, Wallingford, Pennsylvania. Special Clerk to Chief Justice-Harris C. Arnold, 458 City Hall, Philadelphia. Librarian-William J. MacIntosh, 458 City Hall. Middle District, Room 435 Capitol, Harrisburg. Prothonotary-William Harrisburg, Dauphin County. Pearson, Deputy Prothonotary-Homer Hummel Strickler, Hummelstown, Dauphin County." Fayette, Forest, Jefferson, Mercer, Somerset, Venango, West moreland and Allegheny, September 26 Beaver, Butler, Cambria, Greene, Indiana, Lawrence, Washington and Allegheny, October 1 Terms expire first Monday of January of Harrisburg and Pittsburgh are same as for years given. Supreme Court. BRIEF HISTORY OF THE STATE SUPREME AND The Supreme Court of Pennsylvania was organized under an Act passed by the Provincial Assembly, called the Judiciary Act of May 22, 1722. This statute provided that the Court shall consist of one Chief Justice and two Associate Justices. It was to hold sessions twice a year in Philadelphia and to go on circuit for the trial of cases. In 1767, the number of Justices was increased to four in all. But, in 1809, the number was again reduced from four to three. However, in 1826, this number was increased to five. Thereafter, until 1876, the Court consisted of five Justices in all. By the Constitution of 1776, the Justices were to be appointed by the President of the Provincial Council for a term of seven years only, and, though eligible for reappointment, they might be removed by the General Assembly for misbehavior. The Constitution was changed in 1790 and included therein provision for the life tenure of office for the Justices. was a Under the Act of April 14, 1834, the State was divided into four districts, viz: The Eastern at Philadelphia; Northern at Sunbury (which was subsequently discontinued); Middle at Harrisburg; and Western at Pittsburgh. Thus it took exactly one hundred and fifty years from the time of the founding of the first provincial appellate tribunal to develop the method of judicial administration followed by this Court to-day. judiciary were made elective, and this system has prevailed ever since. When the Constitutional Convention of 1873 assembled, the Supreme Court consisted of five Justices; but, in 1876, under the new Constitution, the number was increased to seven and the term of office was fixed at twenty-one years, with the provision that they are not eligible for re-election. In 1895, the work of the Supreme Court had increased to such an extent that an act was passed by the Legislature (P. L. 212) creating the Superior Court of Pennsylvania, which consists of a President Judge and six Judges. The Superior Court meets yearly in Philadelphia, Harrisburg, Scranton and Pittsburgh, and its terms in those cities are of varying duration. The Supreme Court is a part of the constitutional framework of our Government, whereas the Superior Court was established by Act of Assembly. The jurisdiction of the two Courts differs in these respects, viz: The Supreme Court is the Court of last resort in the State, and the civil cases appealable thereto are those in which the amount in controversy exceeds the sum of $2,500.00. and cases of felonious homicide. The Superior Court disposes of civil cases on appeal in which the amount in controversy does not exceed the sum of $2,500.00, and also all other appealable cases except felonious homicide. Cases involving constitutional points may be appealed from the Superior to the Supreme Court as a matter of right, but all other appeals from the Superior to the Supreme Court must be the specially allowed. In 1838, the term of office of the Justices was fixed at fifteen years. In 1850, by constitutional amendment, |
