Bowman's Case

Citations

• 225 Pa. 364
• 74 A. 203
• 1909 Pa. LEXIS 665

Syllabus

<p>Constitutional law — Removal of public officers — -Justice of the peace— Act of May 25, 1907, P. L. 257 — Constitution of Pennsylvania, art. VI, sec. 4.</p> <p>1. A justice of the peace as a constitutional judicial officer elected by the people, can be removed from his office only by the governor for reasonable cause after due notice and full hearing on the address of two-thirds of the senate.</p> <p>2. A constitutional direction as to how a thing is to be done is exclusive and prohibitory of any other mode which the legislature may deem better or more convenient. What is forbidden, either expressly or by necessary implication, in the constitution cannot become a law.</p> <p>3. The Act of May 25, 1907, P. L. 257, authorizing the courts of common pleas to declare vacant the office of a justice of the peace who fails for a period of six calendar months to reside and maintain an office in the district for which he is elected, is unconstitutional as violating sec. 4, art. VI, of the constitution relating to removal of officers elected by the people.</p>