Commonwealth ex rel. Wolfe v. Butler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Daujphvn county: Of May Term 1882, No. 57. Upon tlie petition of Charles'S. Wolfe, a writ of alternative mandamus was issued in tlie name of the Commonwealth of Pennsylvania, directed to Samuel Butler, state treasurer, commanding him to pay to the petitioner the sum of $500, being tlie balance alleged to be due bim upon a warrant in liis favor for bis compensation as a member of tlie bouse of representatives for the session of 1881. Tlie…
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Error to the Court of Common Pleas of Daujphvn county: Of May Term 1882, No. 57. Upon tlie petition of Charles'S. Wolfe, a writ of alternative mandamus was issued in tlie name of the Commonwealth of Pennsylvania, directed to Samuel Butler, state treasurer, commanding him to pay to the petitioner the sum of $500, being tlie balance alleged to be due bim upon a warrant in liis favor for bis compensation as a member of tlie bouse of representatives for the session of 1881. Tlie respondent filed an answer, to which a replication was filed. There was no dispute as to the facts, which were as…
1Opinion of the Court
Oheif Justice Sharswood
delivered the opinion of the court, February 20th 1882.
By the Constitution of Pennsylvania, art. II. § 1, “ the legislative power of the Commonwealth shall be vested in a General Assembly which shall consist of a senate and house of representatives.” Several restrictions are placed on this general grant, both as to its subjects and the mode of its exercise, by the Declaration of Rights, art. 1, and subsequent special provision. To justify a court in pronouncing an Act of the legislature unconstitutional and void, either in whole or in part, it must be able to vouch some…
2Cases cited1 opinion
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
3Cited by53 opinions
- Consumer Party of Pennsylvania v. Com.Supreme Court of Pennsylvania · 1986
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Commonwealth ex rel. Attorney General v. MathuesSupreme Court of Pennsylvania · 1904
- Gottschall v. CampbellSupreme Court of Pennsylvania · 1912
- Collison v. StateSupreme Court of Delaware · 1938
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