Commonwealth ex rel. Attorney General v. Severn

Supreme Court of Pennsylvania October 22, 1894

Commonwealth ex rel. Attorney General v. Severn, 164 Pa. 462 (Pa. 1894)

30 A. 395; 1894 Pa. LEXIS 1101

Fell, Green, McCollum, Mitchell, Sterrett, Williams

Opinion of the Court

Per Curiam,

This case is ruled against the defendant by Com. ex rel. v. Samuels et al., [163 Pa. 283,] in-which an opinion by our Brother Mitchell was filed on July 12th, last, holding that, by reason of its defective, title, the act of June 8, 1893, P. L. 393, under which defendant in this case claims title, was unconstitutional.

While the defendant, by taking this appeal, has availed himself of a re-argument of the constitutional question disposed of in the case above cited, we are very far from seeing our way clear to do anything else than adhere to the principle announced in that case. It therefore follows that there is no error in the judgment of the court below.

Judgment affirmed.

Reference

Full Case Name: Commonwealth ex rel. Attorney General v. B. R. Severn
Cited By: 3 cases
Status: Published
Syllabus: Constitutional law—County controllers and auditors—Title of act—Act of June 8, 1893. The act of June 8, 1893, P. L. 393, entitled “ An act creating the office of county controller in counties containing one hundred and fifty thous- and inhabitants and over, and prescribing his duties,” is defective in title and unconstitutional, as there is no indication in the title of the purpose and effect of the act to abolish the office of the county auditor, as is done in the body of the act by providing for the election of a controller in place of county auditor. Com. v. Samuels, 163 Pa. 283, followed.