Commonwealth ex rel. Brown v. Gumbert

Citations

• 256 Pa. 531
• 100 A. 990
• 1917 Pa. LEXIS 653

Syllabus

<p>Constitutional law — Constitution of Pennsylvania, Article III, Section 7 — Local and special legislation — Counties—Population— Act of May 5, 1915, P. L.</p> <p>1. Classification is allowed because of necessity, a necessity defined as springing from the manifest peculiarities clearly distinguishing those of one^lass from each of the other classes and imperatively demanding legislation for such class separately that would be useless and detrimental to the other.</p> <p>2. Except as classification in any case upon which legislation is based is found to be a proper exercise of legislative power, it necessarily results that any legislation affecting a particular class thus created, and no other, is transgressive of the provisions of the Constitution prohibiting local and special legislation.</p> <p>3. The Act of Nay 5, 1915, P. L. 244, requiring counties now or hereafter containing a population of not less than 750,000 and not more than 1,200,000 inhabitants to establish and maintain schools for the care of certain female children, could presently under its provisions apply only to Allegheny County whereas Philadelphia County would be permanently excluded. It is, therefore, a local and special law regulating the affairs of counties in violation of Article III, Section 7 of the Constitution of Pennsylvania and is void.</p> <p>Mr. Justice Erazer dissents.</p>