*1 510 the statute of death, limitations will to run begin
from the time an administration is raised and letters have been granted (Riner v. 166 Pa. Riner, 617), filing an account tolls the statute of limitations as to all claims not barred on the date the account was filed, even though the statutory period may have at the expired time of audit and distribution: Ritchey’s 8 Pa. Su Est., perior Ct. 527.
Fоr another reason the statute of limitations cannot be set up against the claim.. If the claim should be dis- the persons allowed, who would it profit by are the two sons of the decedent who take his estate. They are es- topped by did they what from setting up statute. their Following father’s death, they claimant kept the homestead аnd provided for her. They told her not to assert her claim and not to employ and in- lawyer, dicated that they take would care of her. They impor- tuned her not to thеm press or antagonize them. They her promised they grant her more than their father did. led her They to believe that they would settle her. One of them, who informed lawyer, her thаt they would settle with anyone six or seven years. The court below found that they allowed her to live in the home after her father’s death until they believed the time for presenting her claim had expired and then refused to settle. Under these circumstances, the sons cannot be permitted to plead statute: Daub’s 305 Pa. Est., 454.
The decree of the court below is affirmed. Attorney
Commonwealth ex rel. General, Appellant, v. Beamish.
Argued September 1932. 26, Before C. J., Frazer, Simpson, Drew Kephart, Schaefer, Maxey, Linn, JJ.
Douglass D. Storey, appellant.
A.Wm. Schnader, Attorney General, appellee.
Per Curiam, September 26, 1932: And September the order of now, 26, 1932, the court is reversed it is below ordered that Bichard J. Beam- Commonwealth, secretary advertise the ish, pend- for three once a month constitutional amendments ing every county newspapers in at least twо months, shall be published, to con- and not order oftener, next general election, of article of the Con- form xvm requirements stitution of the Commonwealth. advertised thе secretary having
ments in order be com- the month of will August, in the months of if advertisement is made plied with October September following.
Supplemental Opinion Mr. Chief Justice November 1932: Frazer, *3 to in our what was said Per Curiam Supplemental opinion filed we deem it advisable September 26, 1932, that further reference should be made to the in- question in volved this than in that appeal given opinion, was filed the of the the day argument which was enable secretary of the the comply Commonwealth to law. with
The оf this in- purpose proceeding was obtain an terpretation of section the of Constitu- xviii, tion of the Commonwealth. From the agreed statement of facts it that Williаm N. appears on behalf of Hardy, the Publishers’ Pennsylvania Newspaper Association, filed the with attorney general petition that requesting an of alternative writ mandamus be issued in the name
of the the commanding of the Commonwealth, secretary Commonwealth to advertise fourteen constitu- proposed tional amendments once a during week each two week in each of the county for Commonwealth, three months immediately the next general election. On August the 10, 1932, attorney genеral pre- sented petition his to the Court of Common Pleas of Dauphin County the desired writ, by agree- of ment counsel the court an awarded alternative writ returnablе The attorney general forthwith. thereupon for petitioner, withdrew his appearance appeared and filed a demurrer the and mo- defendant, pеtition argument, quash After the the alternative tion to writ. judgment sustaining mo- the entered final lower court petition quash of the the cost tion and dismissed appeal plaintiff. This followed. sustaining opinion defend- of the court, lower publication of the
ant’s contention that one
a com-
three
election
months before
was
plianсe
requirement,
based
the constitutional
was
with
chiefly upon
authority
In re North Whitehall
of
supports
proposition
Twp.,
Section xvm Constitution “Any Consti- vides : amendment or amendments to this Bep- proposed may or House of tution be in the Senate agreed by be if shall to the same resentatives; and, pro- majority to each of the members elected such housе, posed shall on or amendments be entered amendment ayes nays journals and the and taken thereon their Secretary the shall cause the same the of Commonwealth general published before the next three months to be newspapers every county in at least election, two in in published; which such shall be in and if, Assembly prо- the General next afterwards chosen, posed agreed by amendment or amendments shall be to majority of the members elected each the house, Seсretary of the shall cause the same again published to be in the manner aforesaid......” determining meaning of the must we section, only look not letter the of the the wоrds but also spirit by behind them. As stated Chief Justice Gibson Monongahela Navigation (1843), Co. 6 W. & v. Coons S. 114: 101, are to be affected “......where multitudes great regard the of construction an instrument, paid spirit should be intention. And the the A reason it is an obvious one. constitution is made, particularly inspection of-lawyers, for the but for inspection they may of the read and million, rights discern it their their it is duties; and consequently expressed in the terms that are most fa- interpretation provision miliar to An them.” here under consideration which wоuld limit proposed of or additions revisions to Constitution previous to one time three months to the election, would harmony purpose publica- not be with the obvious purpose, King, tion. This stated in Com. v. 278 Pa. give oppor- 282, “was electors an abundant tunity concerning proposed to be advised policy and to ascertain the General candidates Assembly they to be ‘next afterwards chosen’ because pass upon proposed would have amendment when Assembly it came beforе General a second time.” A single publication made three months before the election fully is not sufficient to enable the electorate to be ad- impоrtance vised of the and nature of ground At same ments. there is time, no for believ- ing publication necessary, for thirteen weeks *5 certainly nothing requir- there is article xvm itsеlf ing publicity. may suggested continued It be, on constitutional the 1920 commission by once a week publication and revision, abe general election, four precеding weeks of that na- an amendment but until preferable method, con- law, liberty is to the are not at so ture made we we of all facts and circumstances, it. strue view fоr the a month once opinion are three election is more reasonable months intent, convention’s more conforms nearly and notice to the time аdequate the same provides public. of our Com- fundamental Constitution is the law or alterations relating matters
monwealth, courts exercise changes its must provisions, right as- the people most care to rigid preserve them No method of sured to that instrument. by the elec- provide ment can be tolerated does torate to be fully pro- advised adequate opportunity xviii changes. given The construction posed and for court overlooks this fact important lower is technical. that reason too narrow order previously This to the supplemental court. judgment made lower reversing v. Brown.