Honorable C. J. Goodnough AGO 32-B Opinion No. 32-B Pennsylvania Attorney General Opinions
Opinion of the Attorney General November 24, 1931 Legislature—House of Representatives—Constitutionality of House Bills Nos. 38 to 41 inclusive—Extraordinary Session of 1931. The Attorney General advises the Speaker of the House of Representatives regarding the constitutionality of House Fills Nos. 38 to 41 Inclusive. Extraordinary Session of 1931. Honorable C. J. Goodnough, Speaker of the House of Representatives, Harrisburg, Pennsylvania. Sir: In accordance with the resolution of the House of Representatives adopted November 10, 1931, I shall give you my opinion as to the constitutionality of House Bill Nos. 38 and 41 inclusive, all introduced on November 17, 1931, but printed copies of which did not come to me until yesterday. That accounts for my failure to have included a discussion of these bills in my communication forwarded to you yesterday covering other bills introduced in the House last week. House Bill No. 38, Prohibiting Any Officers of the State Government from Denying Any Person Employment in the State Service on Account of His or Her Age. This bill does not come within any of the subjects specified by the Governor in his original and supplemental proclamations convening the Special Session, and would, therefore, be unconstitutional if passed. House Bill No. 39, Imposing a State Tax upon Sales' of Cosmetics. Like House Bill No. 38, this bill does not come within any of the subjects stated by the Governor in his proclamations. Therefore At cannot validly be enacted at this Special Session. House Bill No. 40, Providing that the Department of Highways Shall Take over Certain Roads within Boroughs for Construction and Maintenance. Subject No. 7 of the Governor's original proclamation convening the Special Session is, "Authorizing the Department of Highways with the approval of the Governor and of the political subdivisions involved to enter upon and construct, reconstruct, or resurface wholly or partially at State expense any public roads, streets, and highways which are now constructed and maintained at the expense of the several political subdivisions of the Commonwealth, and making an appropriation for this purpose." Under this subject the General Assembly can at this Session enact legislation authorizing the Department of Highways to "enter upon...
