Commonwealth ex rel. Roney v. Warwick

Citations

• 172 Pa. 140
• 33 A. 373
• 1895 Pa. LEXIS 745

Syllabus

<p>Statutes — Expository statutes — Constitutional law — Conflict between the legislative and judicial branches of the government.</p> <p>The legislature cannot pass an expository act to compel the courts for the future to adopt a particular construction of a previously enacted statute.</p> <p>Statutes — Acts of February 2, 1854, see. 46, and April 18,1867 — Receiver of Taxes for the City of Philadelphia — Public officers — Elections—Municipalities.</p> <p>The act of April 18, 1867, P. L. 1299, which declares that the words “ the next city election” in the act of February 2, 1854, sec. 46, P. L. 44, shall be construed to mean “ the election at which the qualified voters would in accordance with existing laws elect a successor in office had no vacancy occurred therein,” is not within the power of the legislature to enact, inasmuch as it is an attempt upon the part of the legislature to usurp the judicial powers of the court.</p> <p>Where a vacancy occurs in the office of receiver of taxes for Philadelphia, and the vacancy is filled by councils in accordance with the provision of the act of February 2, 1854, the incumbent cannot hold for the unexpired balance of his predecessor’s term of office, but only until “ the next city election,” even although at such an election the voters would not ordinarily under existing laws vote for a receiver of taxes.</p>