Commonwealth, ex rel. Wait v. Schumaker

Citations

• 255 Pa. 67
• 99 A. 214
• 1916 Pa. LEXIS 529

Syllabus

<p>Constitutional law — Constitution of Pennsylvania, Article III, Section 7■ — Classification—Public schools — Orphans’ homes — Districts — Bight to attend schools — Act of June 1, 1915, P. L. 670— Validity.</p> <p>1. Between those, who stand in the same relation to the law there can be no discrimination, and the operation of a rule must extend to all members of the class to which it fairly applies without unnecessary exemption or restriction, even though the subject of the legislation is such that separate laws for separate classes are demanded ; if the class to which it applies is unnecessarily restricted or improperly selected, still the law is special, since a more enlarged class or other objects similar in character should also have had the benefit of its remedial force.</p> <p>2. The Act of June 1, 1915, P. L. 670, providing that where orphans’ homes or other institutions furnishing free support for children of school age own contiguous real estate, situate in two or more school districts, pupils residing on such real estate shall have the right to attend the public schools in any of the school districts in which any part of such real estate may be situate, attempts to segregate and place in a class by themselves school children who are inmates of orphans’ homes which own contiguous real estate in two or more districts and to make a distinction between such children and other school children,'which is not based upon real or genuine differences, but which is merely arbitrary and therefore violates Article III, Section 7, of the Constitution relating to local or special legislation.</p> <p>3. The act is also objectionable from the standpoint of the school districts in that it attempts to classify them in a purely arbitrary way.</p>