Commonwealth v. Matter

Citations

• 257 Pa. 322
• 101 A. 649
• 1917 Pa. LEXIS 736

Syllabus

<p>Constitutional law — Constitution of Pennsylvania, Article III, Sec. 7, and Article I, Sec. 10 — Local and special laws — Eminent domain — Capitol park — Act of June 16,1911, P. L. 1087 — Statutes —Advertisement—Validity — Affidavit of defense — ■Insufficient ■averments.</p> <p>1. The Act of June 16, 1911, P. L. 1027, providing for the appointment of the Capitol Park Commission for the purpose of obtaining for the Commonwealth for park purposes such land as the commission may desire within certain boundaries, is not a local and special law in violation of Article III, Section 7, of the Constitution of Pennsylvania.</p> <p>2. In an action of ejectment for land appropriated by the Capitol Park Commission under the Act of 1911, the affidavit of defense set up (1) that the act was invalid for the reason'that it had not been advertised, although it-appeared that it had passed both branches of the legislature, and had been approved by the governor; (2) that the act was a local and special law in violation of Article III, Section 7, of the Constitution; and (3) that the taking was in violation of Article I,. Section 10, of the Constitution in that no compensation had been paid or secured for the land in question. The act made an appropriation of two million dollars for the purpose of carrying its provisions into effect, and provided that a writ of mandamus might issue for paying any judgment which an owner might recover against the Commonwealth for the taking of his land. There was no averment that the amount appropriated was insufficient to cover the value' of the lands taken. The defendant had appeared before the commission in regard to the value of the land taken and his appeal from the valuation fixed by the commission was pending. Held, judgment was properly entered for the plaintiff for want of a sufficient affidavit of defense.</p> <p>Practice, Supreme Court — Paper boohs — Statement of questions involved — Assignments of error.</p> <p>3. Where the statement of q