Commonwealth Ex Rel. Kelley v. Cantrell

Opinion by

Mr. Justice Barnes,

This proceeding by action of quo warranto challenges the constitutionality of the Act of April 28, 1937 (Act No. 109), which abolishes the Board of Viewers of counties of the first class of the Commonwealth, and substitutes therefor a board of viewers to be appointed from among the members of the Board of Revision of Taxes of such counties. The question here involved, stated more precisely, is whether this Act of April 28, 1937, P. L. 473, validly amends five sections (1 to 5 inclusive) of the Act of June 23, 1911, P. L. 1123. The relevant provisions of these Acts…