Com. v. McAfee
Supreme Court of Pennsylvania
Appeal, No. 6, May T., 1912, by plaintiff, from judgment of C. P. Dauphin Co., No. 3, Commonwealth Docket, 1912, vacating writ of mandamus in the case of Commonwealth of Pennsylvania, ex rel., Heber McDowell, appellant, v. Robert McAfee, Secretary of the Commonwealth of Pennsylvania.
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Appeal, No. 6, May T., 1912, by plaintiff, from judgment of C. P. Dauphin Co., No. 3, Commonwealth Docket, 1912, vacating writ of mandamus in the case of Commonwealth of Pennsylvania, ex rel., Heber McDowell, appellant, v. Robert McAfee, Secretary of the Commonwealth of Pennsylvania. Mandamus proceedings directed against the Secretary of the Commonwealth to compel him to lay the returns of the relator’s election before the Governor so that a commission to him as alderman might issue. The opinion of the Supreme Court states the case. Error assigned was in dismissing the petition. McDowell v.…
1Opinion of the Court
Opinion by
Mk. Justice Moschzisker,
Prior to the consolidation of the cities of Pittsburgh and Allegheny under the Act of February 7, 1906, P. L. 7, the former had 44 and the latter 15 wards. In 1908, these old wards were abolished and the united city was divided into 27 new wards, created pursuant to the Act of April 24, 1905, P. L. 307, which provides in Sec. 4 that “all aldermen......of the ward or wards affected by the creation, division or consolidation...... shall continue in office until the expiration of the terms for which they have been elected.” Article V, Sec. II, of the…