Commonwealth v. Wilkins

Citations

• 271 Pa. 523
• 115 A. 887
• 19 A.L.R. 1379
• 1922 Pa. LEXIS 750

Syllabus

<p>School law — Health law — Constitutional law — Vaccination— Township — Mandamus—Jurisdiction—Parties—Commonwealth as party — Dauphin County Common Pleas — Public officers — Acts of April 7, 1870, P. L. 67; June 18, 1895; April n, 1908, P. L. m, and, June 5, 1919.</p> <p>1. The Acts of June 18, 1895, P. L. 203, April 22, 1903, P. L. 244, and June 5, 1919 P. L. 399 relating to the vaccination of school children are constitutional.</p> <p>2. A township is a municipality within the meaning of those acts.</p> <p>3. Under the Act of April 7, 1870, P. L. 57, the Oourt of Common Pleas of Dauphin County has Jurisdiction of all cases in which the Commonwealth sues in Her own right, even though, at her option, she may also sue in the courts of common pleas of other counties.</p> <p>4. The Commonwealth at the relation of the attorney general, is the proper plaintiff in a writ of mandamus seeking to procure the enforcement of a public duty.</p> <p>5. A mandamus may issue to compel a public official, charged with the enforcement of a statute, to perform his duty, even though he is thereby subjected also to a penalty for failing so to do; and this is true of the Acts of 1895, 1903 and 1919 above specified.</p> <p>6. Unless it is expressly provided otherwise, the courts will presume the Commonwealth reserves to herself the right to mandamus her officials to perform their duty.</p> <p>7. An indictment is merely punitive and not remedial; hence it cannot take the place or usurp the functions of a madamus, which seeks specific relief by commanding the performance of a public duty.</p>