Supreme Court of Pennsylvania, 1950

Communist Party Petition

Communist Party Petition
Supreme Court of Pennsylvania · Decided September 29, 1950 · Per Curiam
365 Pa. 549; 75 A.2d 583; 1950 Pa. LEXIS 497

Communist Party Petition

Opinion

Opinion

Per Curiam,

The order entered by the respondent judge of the court below on September 5, 1950, padlocking the premises at Eoom 426, and the adjoining offices thereto, in the Bakewell Building, Pittsburgh, listed in said building as the offices of the Communist Party of Western Pennsylvania, is without warrant in law. There is no statute empowering a Court of Quarter Sessions to padlock premises because they happen to be occupied or used by persons accused of crime; and no such power inheres in the court otherwise. A writ of prohibition to abate the continuing wrong of the order entered below is appropriate: see McNair’s Petition, 324 Pa. 48, 64, 187 A. 498. The writ will therefore issue as prayed for.

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