This is an appeal from the order of the Secretary of Revenue, acting through his representative, suspending the operating license of Willie Wilson, appellant, for a period of 15 days from February 11,1937.
At the hearing de novo, counsel submitted the following stipulation of facts:
On or about November 26,1936, Willie Wilson was the driver and operator of an automobile while proceeding southeast on the Roosevelt Boulevard between Fifth and Sixth Streets, Philadelphia, striking a man by the name of McGlynn, who died as the result of being struck. 'Thereafter appellant, Willie Wilson, was exonerated by the coroner’s jury of any criminal responsibility for the death of the said McGlynn; subsequently, at a hearing before the Department of Revenue, these facts were established and the operator’s license was suspended for a period of 15 days, that suspension being based upon section 615(6) 4 of The Vehicle Code of May 1, 1929, P. L. 905, as amended by the Act of June 22, 1931, P. L. 751.
The question here raised is whether under that section the Secretary of Revenue had authority to suspend the operator’s license. Subsection (6), par. 4, of section 615 of the act reads:
“The secretary may suspend the operator’s license or learner’s permit of any person, after a hearing before the secretary or his representative, or upon failure of the said person to appear at such hearing, whenever the secretary finds upon sufficient evidence. . . . That such person was operating any motor vehicle involved in an accident resulting fatally to any person.”
The question before us is whether in the absence of negligence, criminal or otherwise, the Secretary of Revejí nue has the power to suspend an operator’s license on the
