McGonnell's License

Citations

• 24 Pa. Super. 642
• 1904 Pa. Super. LEXIS 248

Syllabus

<p>Liquor law — Statutes—Repeal—Local Acts of March 27, 1866, P. L. 339, and April 11, 1866, P. L. 658, relating to Coudersport and Potter county.</p> <p>The local Act of April 11, 1866, P. L. 658, prohibiting the granting of licenses to sell liquor in Potter county repeals the local Act of March 27, 1866, P. L. 339, prohibiting the issuing of liquor license in the borough of Coudersport.</p> <p>Liquor law — Constitutional law — Delegation of legislative power — Acts of April 28, 1899, P. L. 67 and 68.</p> <p>The Acts of April 28, 1899, P. L. 67 and 68, which attempt to repeal the local acts of March 27, 1866, P. L. 339, relating to Coudersport and April 11, 1866, P. L. 658, relating to Potter county, are unconstitutional, inasmuch as they seek to delegate the legislative power by requiring that the repeal provided for shall not go into effect unless a majority of duly qualified voters of the borough and county shall vote in favor of said repeal at an election to be held in accordance with the provisions of the act. The first sections of the acts of 1899, containing the repeal cannot be upheld and the remaining sections declared void, inasmuch as the parts of the acts are so mutually related as to make it evident that the legislature intended them to constitute an entire whole. Locke’s Appeal, 72 Pa. 491, distinguished.</p> <p>Bice, P. J., and Morrison, J., dissent.</p>