Frame v. Sutherland

The only issue raised in this appeal which had not been decided in our most recent decision of Stroup v. Kapleau, 455 Pa. 171, 313 A.2d 237 (1973) was the effect of the Senate’s adjournment, without the concurrence of the House, upon the gubernatorial power of temporary appointment. Ignoring the clearly defined issue to be decided, the majority seized upon this opportunity to establish principles that have in the past been consistently re*188pudiated and reached a conclusion contrary to precedent and violative of the language and the spirit of the Constitution of this Commonwealth. I therefore…