Reid v. Smoulter

Citations

• 128 Pa. 324
• 18 A. 445
• 1889 Pa. LEXIS 794

Syllabus

<p>1. As a general rule an amendatory statute declaring that a prior statute shall read in a particular way, operates to repeal all provisions of the prior statute not incorporated into the amendment, but if such operation would produce a result transcending constitutional authority, this rule of construction will not be applied.</p> <p>2. When, in compliance with a mandate of the constitution, the legislature has enacted a statute erecting a certain court and providing for the appointment of its officers, it is afterwards beyond the legislative power wholly to undo its work by abolishing such court, or such offices connected therewith as the constitution provides for.</p> <p>3. Under § 22, article Y. of the constitution, the legislature might have power to restore the Orphans’ Court jurisdiction to the Common Pleas judges in a county falling below 150,000 in population, but even if so, it would clearly be incompetent to abolish the separate Orphans’ Court in such a county, or its offices, without such a restoration of jurisdiction.</p> <p>4. WHben the legislature has passed an act fixing the salary of an office established by the constitution, such act may not afterwards be repealed without the substitution of another provision in its stead; because to abolish the salary wholly is virtually to remove the officer, which is not within the legislative power to accomplish.</p> <p>5. The act of April 13, 1887, P. L. 22, amending § 5, act of May 19, 1874, P. L. 206, is not in conflict with §§ 3 and 7, article HI. of the constitution, as being defective in its title or local or special in its operation, although such amendatory act does not repeal or affect the original act, so far as relates to Luzerne county.</p>