Commonwealth v. Alden Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 20, May T., 1915, by defendant, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1914, No. 65, for plaintiff on appeal from tax settlement of an account by the Auditor General and State Treasurer, in case of Commonwealth of Pennsylvania v. Alden Coal Company. Appeal from tax settlement by the auditor general and State, treasurer. Before Kunkel, P. J. The opinion of the Supreme Court states the facts.
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Appeal, No. 20, May T., 1915, by defendant, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1914, No. 65, for plaintiff on appeal from tax settlement of an account by the Auditor General and State Treasurer, in case of Commonwealth of Pennsylvania v. Alden Coal Company. Appeal from tax settlement by the auditor general and State, treasurer. Before Kunkel, P. J. The opinion of the Supreme Court states the facts. The court entered judgment for the Commonwealth for the amount of its claim. Defendant appealed. Error assigned, among others, was the judgment of the court.
1Dissent
Dissenting Opinion by
Mr. Justice Frazer :
It is a fundamental principle of constitutional construction that, in determining whether or not a particular act of the legislature exceeds the powers of that body, every presumption is in favor of the validity of the act, and it will be declared void only where it violates the Constitution clearly and plainly and in such manner as to leave no doubt in the mind of the court. Whether or not the court approves of the wisdom or justice of the legislation is not the question. Protection *149against unwise or unjust laws must be left in the hands of the…
2Cases cited20 opinions
- Sharpless v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1853
- District of Columbia v. BrookeSupreme Court of the United States · 1909
- Knisely v. CotterelSupreme Court of Pennsylvania · 1900
- Commonwealth v. Delaware Div. Canal Co.Supreme Court of Pennsylvania · 1889
- Commonwealth v. Mortgage Trust Co.Supreme Court of Pennsylvania · 1909
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