Commonwealth Ex Rel. v. Stewart

Opinion by

Mr. Justice Schaffer,

This quo warranto proceeding challenges the right of defendant to occupy the office of public service commissioner.

We have very recently had occasion to review the status of those appointed members of the Public Service Commission in Com. ex rel. v. Benn, 284 Pa. 421, and shall not go over the ground covered in that case further than is necessary to formulate the reasons for the conclusion we reach in the one at bar. There we determined that the Governor in making appointments to the commission acted merely as the agent of the legislature. We said (pc 437) :…