Commonwealth Ex Rel. Coghlan v. Beaver Falls Council

Opinion by

Mr. Justice Horace Stern,

This action is an attempt to compel a city to perform retroactively a duty which should have been performed by it during the course of preceding years. Viewed academically an order compelling such performance might be justified, but from a realistic standpoint such relief would, under the circumstances, be extremely inequitable.

Beaver Falls is a city of the third class, organized as such in 1930. Article XLIII of the Third Class City Law of June 23, 1931, P. L. 932, provides for the establishment of a Police Pension Fund. It directs, section 4301, that such…