Legal Opinion

Commonwealth Ex Rel. Smith v. Clark

Supreme Court of Pennsylvania

Decided May 16, 1938No. Appeal, 204PublishedCited by 17 opinions

1Opinion of the Court

Opinion by

Mr. Justice Linn,

The question is whether the Governor had the right to remove 1 Messrs. Weglein and Smith from membership in The Delaware River Joint Commission, hereafter referred to as the Commission. Respondents, in their an swer, averred that the Governor’s action was authorized by Article VI, section 4 2 of the Constitution: “. . . Appointed officers, other than judges of the courts of record and the Superintendent of Public Instruction, may be removed at the pleasure of the power by which they shall have been appointed.” Unless the appellants were the Governor’s appointees,…

2Cases cited5 opinions

  1. Tranter v. Alleghency County Co. AuthoritySupreme Court of Pennsylvania · 1934
  2. Westmoreland Chemical & Color Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1928
  3. Reiser v. William Tell Saving Fund Ass'nSupreme Court of Pennsylvania · 1861
  4. Moreau v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1902
  5. State v. City of WildwoodSupreme Court of New Jersey · 1912

3Cited by17 opinions

  1. Matson v. MargiottiSupreme Court of Pennsylvania · 1952
  2. Zemprelli v. DanielsSupreme Court of Pennsylvania · 1981
  3. Barasch v. Pennsylvania Public Utility CommissionSupreme Court of Pennsylvania · 1987
  4. Watson v. Pennsylvania Turnpike CommissionSupreme Court of Pennsylvania · 1956
  5. Delaware River Joint Commission CaseSupreme Court of Pennsylvania · 1941

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