Raynovich v. Romanus

Dissenting Opinion by

Mr. Justice Eagen:

Contrary to the position of the majority, 1 cannot accept the premise that absent a statutory prohibition a borough council may select one of its members to fill a mayoral vacancy, and, on this ground, I respectfully dissent.

It is well established in our law that simply because the Legislature has not expressly prohibited a certain activity by a public official it follows that he may undertake such activity. As was aptly stated in Goodyear v. Brown, 155 Pa. 514, 26 A. 665 (1893) : “. . . it does not follow that everything may be done by a public officer…