Harbold v. Reading

Dissenting Opinion by

Mr. Chief Justice Maxey:

I dissent from the majority opinion and agree with the court below, 1 which in an able opinion by President Judge Paul N. Schaeffer, held that the Act of May 26, 1943, P. L. 660, is constitutional. The conclusion of the majority is based on a fundamental misconception or error, which in the majority opinion is given the following expression: “The latter [the bond holders] were thus granted a pure gratuity, a windfall, by which money was legislated out of the pockets of the taxpayers of the city for the private benefit of the contractor or the…