Fell Township Polling Place
Superior Court of Pennsylvania
Appeal, No. 69, March T., 1909, by John Dolan, from order of Q. S. Lackawanna Co., Dec. T., 1907, No. 207, dividing election district In re Erection of Polling Place in Fell Township. Petition for appointment of commissioners to divide election district. Before Edwards, P. J. The opinion of the Superior Court states the case. Error assigned was the order dismissing exceptions and confirming report of commissioners.
1Opinion of the Court
Opinion by
Pice, P. J.,
It was decided In re Bern Twp., 115 Pa. 615, that inasmuch as art. VIII, sec. 11, of the constitution declares that townships and wards of cities or boroughs shall form or be divided into election districts of compact and contiguous territory, “ in such manner as the court of quarter sessions of the city or county in which the same are located may direct,” it lies not within legislative discretion to abridge or take that power from the court. Whilst the clause of the act of 1876, that is particularly animadverted on in the opinion is that which commands the quarter…
2Cases cited2 opinions
- In re Division of the Township of BernSupreme Court of Pennsylvania · 1887
- Waynesburg Borough's North WardSuperior Court of Pennsylvania · 1905
3Cited by2 opinions
- New Britain Borough School DistrictSupreme Court of Pennsylvania · 1929
- In re Jackson Township Election DistrictMonroe County Court of Quarter Sessions · 1940