Constitutional Defense League v. Waters

Opinion by

Mr. Justice Linn,

This is a taxpayer’s bill to restrain the defendants, fiscal officers of the Commonwealth, from paying money to Harrisburg Hospital, also a defendant. The officers filed a preliminary objection, pursuant to Equity Rule 48, alleging that the bill contained no averment “that would make it illegal or improper” to make payment to the hospital according to law. The learned court below sustained the objection and dismissed the bill.

Plaintiff challenges the constitutionality of the Act of June 26, 1931 (page 106 of the Appropriation Acts of 1931), authorizing payment in…