Fedorowicz v. Brobst
Fedorowicz v. Brobst
Opinion of the Court
Opinion by
On September 8,1914, Beny Fedorowicz was sentenced by the Court of Quarter Sessions of Schuylkill County to undergo imprisonment in the county jail, at hard labor, for his neglect to maintain his wife and six minor children. This sentence was imposed under the provisions of the Act of June 12,1913, P. L. 502. After he had been imprisoned for sixty-six days he presented a petition to the Court of Common Pleas of the county, asking for a mandamus, directed to the county commissioners, to compel them to pay to his wife, out of the funds of the county, the sum of $42.90, or sixty-five cents a day for each day
The Act of June 12, 1913, is entitled, “An act to increase the powers of courts in summary proceedings for desertion or nonsupport of wives, children, or aged parents, by directing that imprisonment in such cases be at hard labor in such institution as the court shall name, with the wages payable to the wives, children, or. parents; providing for the disbursement of moneys collected on forfeitures of bonds, bailbonds, or recognizances; and by empowering such courts to appoint desertion probation officers for the performance of such duties as the court shall direct; and providing for tjie payment of the expenses incident to the carrying out of this act.” There is not to be found in this title even a hint that a burden heretofore not borne by counties is to be imposed upon them. A fair inference to be drawn from it is that husbands, imprisoned for failure to support their wives and children, must perform hard labor during their imprisonment, for which wages are to be paid to the dependent families; but in no one of the five sections of the body of the act does the word “wages” appear. The second section merely provides that, whenever any defendant shall be ordered to be imprisoned at hard labor under the provisions of the act, there shall be paid by the officer
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- Constitutional law — Statutes—Insufficient title — Constitution of Pennsylvania, Article III, Section 8 — Imprisonment at hard labor —Support of prisoner’s dependents — Liability of county — Act of June 12,1918, P. L. 502, Sec. 2. 1. The title to an act of assembly need not be a complete index to its contents, embodying all the distinct provisions of the bill, but if it does not fairly give notice of the contemplated legislation, so as reasonably to lead to inquiry as to what is contained in the body of the bill, Section 3, of Article III, of the Constitution is violated and the legislation in disregard of it must fall. 2. The title to the Act of June 12, 1913, P. L. 502, relating to the payment of certain sums to the families of persons imprisoned at hard labor does not disclose the legislative purpose to impose upon counties liability for payment to the families of such persons. So much of the act as provides that where the funds of the institution where such prisoners are confined are insufficient for such payments, they shall be charged to and paid by the county from which the defendant was committed, violates Article III, Section 3, of the Constitution of Pennsylvania and is void.