Commonwealth ex rel. McClain v. Locke
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Philadelphia: In Equity: No. 52, to January Term 1873. The questions in this case arose under the Act of May 3d 1871, Pamph. L. 522, relating to granting licenses to sell intoxicating liquors.
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Appeal from the Court of Common Pleas of Philadelphia: In Equity: No. 52, to January Term 1873. The questions in this case arose under the Act of May 3d 1871, Pamph. L. 522, relating to granting licenses to sell intoxicating liquors. The parts of the act material to the case are as follows: “ Sect. 1. That at the next municipal election in the Twenty-second ward of the city of Philadelphia, and at the annual municipal election every third year thereafter, it shall be the duty of the inspectors and judges of election-said ward, to receive tickets, either written or printed, from the legal…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
— That a power conferred upon an agent because of his fitness and the confidence reposed in him cannot be delegated by him to another, is a general and admitted rule. Legislatures stand in this relation to the people whom they represent. Hence it is a cardinal principle of representative government, that the legislature cannot delegate the power to make laws to any other body or authority. The true question in this case is, whether the Act of May 3d 1871 (Pamph. L. 523), “ to allow the voters of the Twenty-second ward of the city of…
2Cited by210 opinions
- Commonwealth v. FunkSupreme Court of Pennsylvania · 1936
- Tranter v. Alleghency County Co. AuthoritySupreme Court of Pennsylvania · 1934
- Chartiers Valley Joint Schools v. Allegheny County Board of School DirectorsSupreme Court of Pennsylvania · 1965
- Commonwealth v. EmerickSupreme Court of Pennsylvania · 1953
- Holgate Bros. v. BashoreSupreme Court of Pennsylvania · 1938
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