Gerlach v. Moore

Citations

• 243 Pa. 603
• 90 A. 399
• 1914 Pa. LEXIS 674

Syllabus

<p>Constitutional law — Courts—Municipal Court of Philadelphia County — Act of July 12,1918, P. L. 711.</p> <p>1. The Constitution of Pennsylvania in express language gave the legislature power to create from time to time courts other than those enumerated in the organic law, and this power, having been expressly conferred in the first section of the judiciary article, nothing contained in the subsequent sections of the article dealing with the organization, jurisdiction and powers of courts is sufficient to deprive the legislative branch of government of the power to create courts of a different class or grade from those expressly enumerated.</p> <p>2. Under the earlier constitutions the Supreme Court consistently held the view that the legislature had power to divest the courts enumerated in the Constitution of some of their jurisdiction, ¡and vest it in courts from time to time established, or to vest a limited concurrent jurisdiction in courts thus created. Nothing contained in the present Constitution requires a departure from the settled rule of construction under the earlier cases.</p> <p>3. Section 26, of Article V, of the Constitution, which provides: “All laws relating to courts shall be general, and of uniform operation, and the organization, jurisdiction and powers of all courts of the same class or grade, so far as regulated by law, and the force and effect of the process and judgments of such courts, shall be uniform,” requires uniformity only as to courts of the same class or grade, and where a new court is established, which differs essentially in its jurisdiction or powers from other courts, it is a court of a different class or grade, and the requirement of uniformity with other courts is not operative.</p> <p>4. Under the Constitution of Pennsylvania the legislature has power to create a court for Allegheny County and another court of a different class or grade for Philadelphia County according to their respective needs.</p> <p>5. If a court is la