Legal Opinion

Stegmaier v. Goeringer

Supreme Court of Pennsylvania

Decided June 3, 1907No. Appeal, No. 159PublishedCited by 10 opinions

Appeal, No. 159, Jan. T., 1907, by plaintiff, from order of O. P. Luzerne Co., Feb. T., 1907, No. 34, refusing writ of mandamus in case of George J. Stegmaier, Treasurer, etc., v. Fred Goeringer, Controller, etc. Petition for mandamus.

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Appeal, No. 159, Jan. T., 1907, by plaintiff, from order of O. P. Luzerne Co., Feb. T., 1907, No. 34, refusing writ of mandamus in case of George J. Stegmaier, Treasurer, etc., v. Fred Goeringer, Controller, etc. Petition for mandamus. The petition was as follows: 1. By lawful ordinance, duly passed by the select council of the city of Wilkes-Barre, in said county, on March 13,1906, and by the common council on March 21, 1906, and duly approved by the mayor of that city on March 24, 1906, the sum of $5,000 was lawfully appropriated for a certain public celebration, held on May 10, 11 and 12,…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

The custom, of commemorating important historical, military and civil events is as old as mankind, and at common law the right of municipalities to make appropriations out of the public funds for the proper observance of such occasions was recognized for centuries. There is no reason why a municipality, unless restricted by statute, should not be permitted to make reasonable appropriations in order to fitly com*502memórate public events in which all of the citizens thereof are, or should be, interested. The general welfare clause of the Act of May 23, 1889, P. L. 277,…

2Cases cited6 opinions

  1. Runkle v. Commonwealth ex rel. KeppelmanSupreme Court of Pennsylvania · 1881
  2. Commonwealth v. JamesSupreme Court of Pennsylvania · 1906
  3. Commonwealth ex rel. Kelly v. City of PittsburgSupreme Court of Pennsylvania · 1897
  4. Commonwealth ex rel. Vandyke v. HenrySupreme Court of Pennsylvania · 1865
  5. James v. CommissionersSupreme Court of Pennsylvania · 1850

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3Cited by10 opinions

  1. Sambor v. HadleySupreme Court of Pennsylvania · 1927
  2. Strauss v. CostelloNorth Dakota Supreme Court · 1915
  3. Frantz v. PhiladelphiaSupreme Court of Pennsylvania · 1939
  4. Bruhin v. KassabCommonwealth Court of Pennsylvania · 1974
  5. Schenley Farms Co. v. McGovernSupreme Court of Pennsylvania · 1933

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