Blankenburg v. Black

Citations

• 200 Pa. 629
• 50 A. 198
• 1901 Pa. LEXIS 546

Syllabus

<p>Equity—Equity pleading—Mullifariousness—Parties— Public office.</p> <p>In an equity suit to test the constitutionality of an act which in effect abolishes a public office, the joinder as plaintiffs of persons holding the offices intended to be abolished and taxpayers, does not render the bill multifarious.</p> <p>In such a case the officers of a party convention and candidates nominated by it should not be joined as defendants, but if no affirmative relief is asked against them they are merely superfluous parties as to whom the bill may be dismissed.</p> <p>A bill in equity, the object of which is first to declare unconstitutional two acts, the combined effect of which is to abolish a public office, and second, to prevent the parties defendant from acting under the supposed authority of the two acts, is single in purpose, and not multifarious.</p> <p>The filing of a bill in equity relating to the legal existence of a public office, very close on the eve of an election for such office, is a practice not to be encouraged.</p> <p>Constitutional law—Local and special legislation—Act of April 24, 1901, P. L. 95.</p> <p>The Act of April 24,1901, P. L. 95, providing that “ there shall be elected in each county coextensive in boundary with a city of the first class, three persons to serve as members of the board of revision of taxes,” contravenes the prohibition in section 7 of article 3 of the constitution against the passage of any local or special law “ regulating the affairs of counties-, cities,” etc. This description cannot apply either at the present time or in the proximate future to any county but Philadelphia, and for that reason the act is distinctly local and special. It cannot be sustained on the ground of classification for it is outside of all the principles on which classification is permissible.</p> <p>Constitutional law—Repeal of statutes—-Local and special legislation— Act of April 24, 1901, P. L. 94.</p> <p>The Act of April 24, 1901, P. L. 94, repeali