131 A. 650 | Pa. | 1925
The defendant, D. Martin Yerkes, was convicted and sentenced in the court of quarter sessions, inter alia, for malfeasance in office committed while acting as a justice of the peace. The conviction was affirmed by the Superior Court, and therefrom an appeal by defendant to this court was allowed on the constitutional questions *41 involved alone. Section 33 of the Motor Vehicles Act of June 30, 1919, P. L. 678, 698, as amended by the Act of June 14, 1923, P. L. 718, 748, imposes penalties for certain violations of the act to be collected by summary conviction "before any . . . . . justice of the peace," as fines and penalties are by law collected. "Provided, That any person so convicted shall have the right of appeal as in other cases of summary convictions. And further provided, That any person accused of violating any of the provisions of this act may waive summary hearing, and give bond, in a sum equal to double the amount of the maximum fine that might be imposed, for appearance for trial before a judge of the court of quarter sessions, . . . . . . and thereupon the . . . . . . justice of the peace shall, within fifteen (15) days, return the complaint or information to the said court."
On March 11, 1924, John L. Williams was brought before the defendant charged with a certain violation of the act and demanded the right, conferred by the provision above quoted, to waive a hearing and give bail for his appearance for trial before a judge of the court of quarter sessions. This, defendant refused, and, proceeding to hear the charge against Williams, imposed upon him the maximum fine and costs specified in the act, and, for nonpayment thereof, committed him to jail, from which he was released on a writ of habeas corpus. This conduct of the defendant is sought to be justified on the contention that the above-quoted clause of the statute allowing the waiver of a hearing before the magistrate is violative of section 14, article V of the State Constitution, which reads as follows: "In all cases of summary conviction in this Commonwealth, or of judgment in suit for a penalty before a magistrate, or court not of record, either party may appeal to such court of record as may be prescribed by law, upon allowance of the appellate court or judge thereof upon cause shown." The contention is untenable. The language of the Constitution must be construed as commonly understood *42
(Collins v. Kephart et al.,
The judgment of the Superior Court is affirmed. *43