251 Pa. 39 | Pa. | 1915
The members of the court being of one mind that the Act of May 14,1915, is unconstitutional the petition for a mandamus is dismissed. An opinion will be filed at a later date.
Opinion by
October 4, 1915:
The Act of July 18, 1901, P. L. 669, designated the
The 14th section of the schedule of the Constitution is a substantive part of that instrument, and is to be so construed. Its unmistakable intendment is that the legislature, at the session immediately succeeding each decennial census, shall designate the several judicial districts of the Commonwealth for the succeeding ten
The last designation of the several judicial districts of the Commonwealth is the Act of July 18, 1901, P. L. 669, but by the Act of May 14, 1915, the legislature undertook to amend the Act of 1901 by designating the Counties of Cameron and Elk as the 25th judicial district and attaching the County of Clinton to the 55th district. The question of the power of the legislature to so amend a general judicial apportionment act has not heretofore been raised in any proceeding before this court. If such power does not exist, it is because the Constitution has expressly withheld it or forbidden it by necessary implication. Nothing in that instrument expressly prohibits such an amendment, but, by plain implication, it is forbidden. In compliance with the requirements of section 14 of the schedule of the Constitution, the legislature of 1901, at the next succeeding session after the decennial census of 1900, designated the several judicial districts of the Commonwealth. It was expressly forbidden to change that designation for the period of ten years, for such designation shall be made “at the next succeeding session after each decennial census, and not oftener.” The manifest purpose of this provision is that the judicial districts of the State shall not be changed by the legislature, session after session, but only at intervals of ten years, as
As the Act of 1915 is void, by reason of its contravention of the 14th section of the schedule of the Constitution, it is not necessary to consider the other reasons urged against its constitutionality.
And now, October 4, 1915, the petition for a writ of mandamus is dismissed, with costs to the respondent.