Legal Opinion

Emhardt v. Wilson

Pennsylvania Court of Common Pleas, Philadelphia County

Decided May 2, 1934No. 7505Published

1Opinion of the Court

Finletter, P. J.,

Mr. Emhardt is a member of the House of Representatives. His term expires in January 1935.

The city commissioners recently appointed him supervisor of the Bureau of Weights and Measures. ‘

It is suggested that the appointment is forbidden by article II, sec. 6, of the Constitution of the State, which provides that “no Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this Commonwealth”.

The case stated does not disclose whether an appointment of an inspector *609(whom the commissioners have the power to…

2Cases cited3 opinions

  1. Commonwealth v. HoytSupreme Court of Pennsylvania · 1916
  2. Commonwealth Ex Rel. Woodruff v. JoyceSupreme Court of Pennsylvania · 1927
  3. Commonwealth v. LearySuperior Court of Pennsylvania · 1916

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