248 Pa. 381 | Pa. | 1915
Opinion by
The main contention of appellant is that the provision of the Act of July 12, 1913, P. L. 711, known as the Municipal Court Act, requiring an answer to be filed by defendant within ten days after service of the statement of claim upon him, is in conflict with that section of the Constitution which provides that no local or special law shall be passed regulating the practice or jurisdiction in any judicial proceeding or inquiry before the courts. The fundamental weakness of this position is that the act in question is neither local nor special legislation within the meaning of this constitutional requirement. This precise question in another form was raised in Gottschall v. Campbell, 234 Pa. 347, in which it was held that the Allegheny County Court Act of May 5, 1911, P. L. 198, was not local or special legislation, because the Constitution itself made a classification with reference to the creation, regulation and powers of the courts in the County of Allegheny, and in the County of Philadelphia, in order to provide for the respective needs and requirements of these counties. This being a constitutional classification of these counties with respect to the creation and regulation and powers of
“Therefore, since the tribunal created by the act before us is not on a grade with any other court within the classified territory in which it is located, the conclusion necessarily follows that it is not required to be “uniform in organization, jurisdiction and powers” with any established standard.”
This language applies as well to the procedure as to the organization, jurisdiction and powers of such a court.
The learned counsel for appellant has presented a very able argument in support of his contentions, but it is without convincing force in the light of several recent decisions of this court in which all of the questions here involved were broadly considered.
Judgment affirmed.