87 Pa. Super. 387 | Pa. Super. Ct. | 1925
Argued December 8, 1925.
The appellants challenge the constitutionality of the Act of Assembly of May 10, 1923, P.L. 183. The title of the Act is "An Act authorizing sheriffs in counties of the fourth class to appoint a solicitor; prescribing the duties of the said solicitor; and fixing his salary." The statute provides that in all counties of the fourth class the sheriff may appoint one person learned in the law as his solicitor; that the said solicitor shall advise upon all legal matters that may be submitted and shall conduct any litigation when requested so to do by the *389
sheriff. He shall hold office for the term for which the sheriff was elected and shall receive a salary of $500 per annum to be paid out of the county treasury. It is objected first that the title to the Act is insufficient under the provisions of Section 3 of Article III of the Constitution, in that it does not give notice that the county is to be charged with any liability. This section has been under consideration in numerous cases before the Supreme and Superior Courts, and it has been uniformly held that if the title does not fairly give notice of the subject of the enactment so as reasonably to excite inquiry as to the contents of the bill, the Act cannot be sustained. Where the most important provision of the statute is not suggested in the title, the constitution has not been complied with, and in considering the question the use of the word "clearly" in the section is to be given its due weight: Com. ex rel. v. Samuels,
Another position is taken that the Act violates Section 7 of Article III of the Constitution which prohibits the general assembly from passing any local or special laws regulating the affairs of counties. The objection *391
raised is that the Act in question is special legislation in the form of a general law. The question is not with respect to the subject of classification of counties, but whether the Act is local or special legislation in contemplation of the constitutional prohibition? In considering the subject, the substance and not the form of legislation is to be regarded and a local or special Act will be declared void although expressed as a general statute if it be repugnant to the Constitution. Classification of counties has been recognized as a lawful exercise of legislative power and legislation of a municipal character with respect to class has been sustained, but such legislation which has not the quality of municipal character has been held invalid. Classification which is grounded in no necessity and has for its sole object an evasion of the constitution will not be sustained: Sample v. Pittsburgh,
The decree is reversed and the petition dismissed at the cost of the petitioner.