Erie Anti-Tuberculosis Society v. Willis

Opinion by

Mr. Justice Schaffer,

In this mandamus proceeding it is sought to compel the county controller of Erie County to approve the plans and specifications and the site for a county tuberculosis hospital, approval of which he has declined. The court below by peremptory writ commanded him to approve. From this order the controller has appealed.

The Act of May 2, 1929, P. L. 1278, 16 PS section 622 et seq., which authorizes the establishing of county tuberculosis hospitals, provides in section 625: “If a majority of the electors voting upon such question at such election shall be in favor of…