Squires & Constables Ass'n

Supreme Court of Pennsylvania

Decided March 25, 1971

Supreme Court of Pennsylvania · decided 1971-03-25

Cited by 15 later decisions — most recently December 2015

3 federal appellate · 10 state decisions

Key passage — most relied on by later courts

““[I]n my view this Court possessed inherent power, quite aside from the provisions of the new Article V of the Constitution, to declare the incapatibility of political activity or governmental employment, on the one hand, and the holding of judicial office on the other hand. The source of this power is to be found in the Provincial Act of May 22, 1722, 1 Sm.L. 140, which invested this court with the jurisdiction and powers for all purposes which were exercised by the Justices of the Court of King’s Bench at Westminster. See, e. g., Carpentertown Coal & Coke Co. v. Laird, 360 Pa. 94, 99-100 , 61 A.2d 426 (1948); Carbon County Judicial Vacancy, 292 Pa. 300, 302-303 , 141 A. 249 (1928). See also Commonwealth ex rel. Fox v. Swing, 409 Pa. 241 , 186 A.2d 24 (1962) (dissenting opinion). Id. at 511-512, 275 A.2d at 662 .””

quoted by 1 later decision, including In Re Franciscus

Relies on Carpentertown Coal & Coke Co. v. Laird · Commonwealth Ex Rel. Fox v. Swing · Carbon County Judicial Vacancy

Good law ✅— No negative treatment on recordhow we know

Decided 1971-03-25

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¶1Concurring Opinion by

Mr. Justice Pomeroy:

¶2I join in the opinion of the Court, but would add that in my view this Court possessed inherent power, *512quite aside from the provisions of the new Article Y of the Constitution, to declare the incompatibility of political activity or governmental employment, on the one hand, and the holding of judicial office on the other hand. The source of this power is to be found in the Provincial Act of May 22, 1722, 1 Sm. L. 140, which invested this court with the jurisdiction and powers for all purposes which were exercised by the Justices of the Court of King’s Bench at Westminster. See, e.g., Carpentertown Coal & Coke Co. v. Laird, 360 Pa. 94, 99-100, 61 A. 2d 426 (1948); Carbon County Judicial Vacancy, 292 Pa. 300, 302-303, 141 Atl. 249 (1928). See also Commonwealth ex rel. Fox v. Swing, 409 Pa. 241, 186 A. 2d 24 (1962) (dissenting opinion).