Commonwealth v. Martin

Citations

• 35 Pa. Super. 241
• 1908 Pa. Super. LEXIS 18

Syllabus

<p>Constitutional law — Special privileges and immunities — Emblems— Badges, etc. — Secret fraternal associations — Act of March 28, 1907, P. L. 35.</p> <p>The Act of March 28,1907, P. L. 35, which makes it a misdemeanor for any person “to wear or use, or aid in the wearing or use of, any emblem, button, device or insignia, falsely or with intent to deceive,” applies exclusively to the emblems of “any secret, fraternal association, society, order or organization which has hád a grand lodge having jurisdiction in this commonwealth for ten years or longer;” and as thus construed, the clause which creates the misdemeanor does not conflict with clause 27, sec. 7, art. Ill of the constitution of Pennsylvania, which forbids the legislature to pass any local or special law “the granting to any corporation, association, or individual, any special or exclusive privilege or immunity.”</p> <p>Argument that certain legislation is unwise, or dangerous in its tendencies, or contrary to the spirit of our institutions, or is special in that it does not apply to every case equally within the mischief to be remedied, can be of little avail upon the question of its validity unless the provision of the fundamental law with which it conflicts can be pointed out. Nothing but a clear violation of the constitution, a clear usurpation of powers prohibited, will justify the judicial department in pronouncing an act of the legislature department unconstitutional and void.</p> <p>The Act of March 26, 1907, P. L. 35, simply provides a public remedy for a kind of fraud and deceit, which, apart from its infringement of the rights of societies or individuals, as such, was deemed by the legislature to involve such turpitude and to affect the public injuriously in so large a degree as to justify it in declaring it to be a misdemeanor and punishable as such.</p> <p>Constitutional law — Title of statute — Emblems—Secret fraternal associations — Act of March 28, 1907, P. L. 35.</p> <p>The Act of March