Perkins v. Philadelphia

Citations

• 156 Pa. 539
• 27 A. 356
• 1893 Pa. LEXIS 1382

Syllabus

<p>Statutes — Delegation of municipal function to commission — Local and special legislation — Amendment, etc., of act by reference to title — Act of May 24, 1893 — Constitutional law.</p> <p>The act of May 24, 1893, is entitled “An act to abolish commissioners, of public buildings and to place all public buildings heretofore under the control of such commissioners under the control of the Department of Public Works in cities of the first class.” After the act was passed the commissioners of the public buildings of the city of Philadelphia filed a bill in equity in the Supreme Court to restrain the city from taking control of the public buildings.. The bill averred that the act violat ed, (1) section 20, article 8 of the constitution forbidding the delegation of any municipal function to any special commission ; (2) section 6, article 8 of the constitution forbidding the revival or amendment of an act by reference to its title only; and (3) section 8, article 3 of the constitution forbidding-any local or special bill to be passed without thirty days’ notice thereof in the locality affected. Held, that the preliminary injunction should be granted.</p>