Legal Opinion

Commonwealth v. City of Pottsville

Supreme Court of Pennsylvania

Decided July 1, 1914No. Appeal, No. 8PublishedCited by 4 opinions

Appeal, No. 8, May T., 1914, by plaintiff, from judgment of C. P. Dauphin Co., 1914, No. 2, Commonwealth Docket, for defendants, on demurrer in case of Commonwealth of Pennsylvania ex relatione, John C. Bell, Attorney General, v. City of Pottsville, a municipal corporation, F. Pierce Mortimer, mayor; Harry K. Portz, controller; Hugh Dolan, A. L. Eckert, James M. Shellhammer, Joseph H. Nichter, councilmen; and F. S. Freiler, P. J. Martin, Frank Little, Horace McCool, Joseph…

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Appeal, No. 8, May T., 1914, by plaintiff, from judgment of C. P. Dauphin Co., 1914, No. 2, Commonwealth Docket, for defendants, on demurrer in case of Commonwealth of Pennsylvania ex relatione, John C. Bell, Attorney General, v. City of Pottsville, a municipal corporation, F. Pierce Mortimer, mayor; Harry K. Portz, controller; Hugh Dolan, A. L. Eckert, James M. Shellhammer, Joseph H. Nichter, councilmen; and F. S. Freiler, P. J. Martin, Frank Little, Horace McCool, Joseph Johnson, T. E. Hummel and C. Ackerman, aldermen, officers of said City of Potts-ville. Suggestion for writ of quo…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

This litigation grows out of what may foe very properly called bungling legislation. It would be a difficult task for anyone to satisfactorily explain why the legislature felt called upon to pass the Act of April 15, 1907, P. L. 66, and the Act of May 28, 1907, P. L. 268. These a.cts relate to the same general subject matter, and could have been very easily and much more properly embodied in a single statute. The former act contained no repealing clause, while the latter act provided that all acts or parts of acts inconsistent therewith “be and the same *471are hereby…

2Cases cited1 opinion

  1. Haspel v. O'BrienSupreme Court of Pennsylvania · 1907

3Cited by4 opinions

  1. Belknap v. ShockWest Virginia Supreme Court · 1943
  2. Rush v. PhiladelphiaSuperior Court of Pennsylvania · 1916
  3. Registration of Plumbers, Pennsylvania Department of Justice1924
  4. United States Steel Co. v. Allegheny CountySupreme Court of Pennsylvania · 1952

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