Cheetham v. McCormick

Citations

• 178 Pa. 186
• 35 A. 631
• 1896 Pa. LEXIS 1149

Syllabus

<p>Street railways — Constitutional law — Article 16, section 7 of the constitution.</p> <p>Street railway companies are within the operation of article 16, section 7 of the constitution of 1874, which provides that “ no corporation shall issue stock or bonds, except for money, labor done or money or property actually received; and all fictitious increase of stock or indebtedness shall be void.”</p> <p>Street railways — Railroads—Act of May 7, 1887.</p> <p>Street railway companies are “railroad corporations” within the meaning of the act of May 7,1887, P. L. 91, entitled “ An act to enforce against railroad corporations the provisions of section seven, of article sixteen of the constitution.”</p> <p>Street railways — Attorney general — Mandamus—Act of May 7, 1887.</p> <p>“Two reputable citizens resident in the region traversed by the line” of a street railway company have a standing to petition the court for a mandamus to compel the attorney general to institute proceedings against a street railway company to enforce the provisions of the act of May 7, 1887 ; but before that officer will be subject to a writ of mandamus to compel him to proceed under the act of May 7, 1887, he has a right to know the strength of the case he is asked to present in the name of the commonwealth ; and the parties asking him to proceed must present for his consideration facts showing a prima facie case.</p>