Commonwealth ex rel. O'Rourke v. Davis

Citations

• 199 Pa. 278
• 49 A. 75
• 1901 Pa. LEXIS 593

Syllabus

<p>School law—Selection of school sites in Philadelphia—Acts of March 3, 1818, P. L. 124; April 16, 1845, P. L. 502; February 2, 1854, P. L. 21; April 21, 1855, P. L. 264; April 5, 1867, P. L. 779; March 15, 1870, P. L. 437; June 1, 1885, P. L. 37; April 25, 1889, P. L. 50.</p> <p>The board of public education of the city of Philadelphia, and not the councils of the city, is empowered to select and choose sites for the public schools of the city. The members of the board of public education, therefore, cannot be compelled to draw a warrant for the purchase money of a lot selected and purchased by the city councils for school purposes.</p> <p>While the city councils have no power to choose the site of a school building, there can be no objection to an ordinance of councils directing the city solicitor to examine and approve the title, and authorizing him to cause a conveyance of a lot to be made to the city for school purposes, provided the site has been selected by the board of public education.</p>