Commonwealth Ex Rel. Schnader v. Liveright

Dissenting Opinion by

Mr. Justice Simpson :

Defendants, who are respectively the secretary of welfare, the auditor general and the state treasurer of the Commonwealth, appeal from a judgment awarding a peremptory mandamus, directing them “to perform the duties imposed upon and required of each of them under the provisions of the Act” of December 28, 1931, P. L. 1503. The only question involved is the constitutionality of that statute. It was sustained by the court below, and this, appellants allege and I agree, is the error which should require a reversal of the judgment.

The act was passed at a…