Likins's Petition
Superior Court of Pennsylvania
Appeal, No. 222, April T., 1908, by W. M. Likins et al., from order of Q. S. Fayette Co., Dec. T., 1907, No. 285, dismissing petition of W. M. Likins et al. for audit of the account of John R. Byrne, chairman and treasurer of the republican county committee. Petition for appointment of auditor. Before Umbel, P. J. The case turned upon the constitutionality of the act of March 5, 1906, known as the corrupt practices act.
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Appeal, No. 222, April T., 1908, by W. M. Likins et al., from order of Q. S. Fayette Co., Dec. T., 1907, No. 285, dismissing petition of W. M. Likins et al. for audit of the account of John R. Byrne, chairman and treasurer of the republican county committee. Petition for appointment of auditor. Before Umbel, P. J. The case turned upon the constitutionality of the act of March 5, 1906, known as the corrupt practices act. The court in an opinion by Umbel, P. J., held that the act was unconstitutional, and dismissed the petition. Error assigned was order dismissing the petition.
1Opinion of the Court
Opinion by
Orlady, J.,
In accordance with the provisions of the. Act of March 5, 1906, P. L. 78, known as the corrupt practices act, this proceeding was instituted in the court below upon a petition signed by five qualified electors, praying for an audit of an account filed by John R. Bryne, chairman and treasurer of the Republican committee of Fayette county for 1907. A motion to quash, an answer and a demurrer were filed, and after a full hearing the court held the governor’s proclamation and the subject of thé Act of March 5, 1906, P. L. 78, to be in conflict with, and to offend against sec.…
2Cases cited14 opinions
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Sharpless v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1853
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3Cited by5 opinions
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