Respublica v. Dallas
Supreme Court of Pennsylvania
A Motion was made at the last September term, for a rule on Mr. Dallas, to shew cause, why an information in the nature of a qtto warranto, should not be filed against him, for exercising the office of recorder of the city of Philadelphia, while he held the office of district attorney for the eastern district of Pennsylvania, under the United States; at the relation of the select and common councils of the said city.
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A Motion was made at the last September term, for a rule on Mr. Dallas, to shew cause, why an information in the nature of a qtto warranto, should not be filed against him, for exercising the office of recorder of the city of Philadelphia, while he held the office of district attorney for the eastern district of Pennsylvania, under the United States; at the relation of the select and common councils of the said city. The counsel on both sides, upon the argument on the motion, ■ went fully into the merits of the question, whether the two offices were compatible or incompatible, under the…
1Opinion of the Court
This term,
Shippen C. J.
pronounced the unanimous opinion of the court.
The question is, whether the defendant can legally hold the office of the recorder of the city of Philadelphia, at the same time that he holds the office of district attorney for the eastern district of Pennsylvania, under the United States ?
The words of the 8th section of the 2d article of the constitution are these : “No member of congress, from this state, nor “ any person holding or exercising any office of trust or profit “under the United States, shall, at the same time, hold or exercise the office of judge, secretary,…
2Cases cited1 opinion
- Commonwealth ex rel. Attorney-General v. ConynghamSupreme Court of Pennsylvania · 1870
3Cited by9 opinions
- Attorney General ex rel. Moreland v. Common CouncilMichigan Supreme Court · 1897
- Commonwealth v. HillSupreme Court of Pennsylvania · 1898
- State v. ChurchmanSupreme Court of Delaware · 1902
- Commonwealth ex rel. Attorney-General v. ConynghamSupreme Court of Pennsylvania · 1870
- State v. ChurchmanSuperior Court of Delaware · 1901
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