Perkins v. Slack
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1878, No. 19. This was a petition for a mandamus, filed by Samuel C. Perkins and others, a majority of the commissioners for the erection of the Public Buildings, in the city of Philadelphia, against Amos M. Slack and others, members of the Select and Common Councils of said city. The petition, in substance, set forth that by Act of Assembly, August 5th 1870, Pamph.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1878, No. 19. This was a petition for a mandamus, filed by Samuel C. Perkins and others, a majority of the commissioners for the erection of the Public Buildings, in the city of Philadelphia, against Amos M. Slack and others, members of the Select and Common Councils of said city. The petition, in substance, set forth that by Act of Assembly, August 5th 1870, Pamph. L. 1871, p. 1548, certain persons therein named, together with the Mayor of the city of Philadelphia and Presidents of the Select and Common…
1Opinion of the CourtJustice Trunkey
delivered the, opinion of the court,
On every hand it-is admitted that the Act of Assembly of August 5th 1870, providing for the erection of public buildings in the city of Philadelphia, is constitutional and is law, except so much as has been repealed by section 2, article 15, of the new constitution. It ought to be as generally conceded that courts have no power to repeal a statute, and that all denunciations of it as a scheme to obtain money from the people, without consent of their immediate *278representatives, or as a measure that tries to the uttermost the law-' abiding character of the…
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