Commonwealth Ex Rel. Fox v. Swing

Concurring Opinion by

Mr. Chief Justice Bell:

These two offices are, in my judgment, undoubtedly incompatible and there are many similar situations which exist throughout Pennsylvania. The Courts can take jurisdiction, if at all,* only on the ground that a matter of public policy is involved. The law is thus expressed in Commonwealth ex rel. McCreary v. Major, 343 Pa. 355, 22 A. 2d 686, where the Court said (page 360) : “The power of the court to determine what is against public policy, in a proper case, is well recognized. We said in Mamlin v. Genoe, 340 Pa. 320, 325: ‘It is only when a given…