Commonwealth v. Amer. Baseball Club of Phila.

Dissenting Opinion by

Mr. Justice Kephart,

June 25, 1927:

I feel that it is my duty to record my dissent from the conclusion reached by the majority of the court on the judgment about to be entered in this case. I place it On the ground that quo warranto is not the proper remedy in such a case, and, therefore, the court below was without power to enter the decree it did.

This is an unusual proceeding to compel obedience to a penal law. Quo warranto, the writ used for that purpose, is an extraordinary remedy, to be applied with extreme caution, and should never be allowed except under express…