Summit Hill Borough

Citations

• 240 Pa. 396
• 87 A. 857
• 1913 Pa. LEXIS 683

Syllabus

<p>Constitutional law — Title of act — Supplementary statute — Acis of May U, 187b, P. L. 159, and March 2b, 1877, P. L. b7 — Boroughs — Division into wards — Abolition of offices — Quo warranto.</p> <p>1. The Act of May 14, 1874, P. L. 159, relating to the manner by which courts may divide boroughs into wards, and the Act of March 24, 1877, P. L. 47, a supplement thereto, are constitutional. The title of the former is sufficient notice of its subject matter and the title of the latter, indicating that it is a supplement to the former, is valid. A title declaring an act to be a supplement to a former one is a sufficient statement of the subject matter, if the legislation therein contained is germane to the subject matter of the original act.</p> <p>2. Where the Court of Quarter Sessions has abolished one ward in a borough and has divided the borough into three wards instead of the four previously existing the decree will not be reversed because it provides for the election of a full quota of ward officers. The right to an office is not the right of the incumbent to the place but of the people to the officer, and it is no constitutional objection to the action of the court that thereby some of the old borough officers will be deprived of their offices. In any event the right to office is not in issue in such appeal. The. proper method to determine a contest between incumbents and aspirants to office is by quo warranto brought at the suggestion of one who lays claim to the office.</p>