Goodnough, 120731 PAAGO, AGO 32-D

Case DateDecember 07, 1931
CourtPennsylvania
Honorable C. J. Goodnough
AGO 32-D
Opinion NO. 32-D
Pennsylvania Attorney General Opinions
Opinions Of The Attorney General
December 7, 1931
         Legislature—House of Representatives—Constitutionality of House Bills Nos. 69 to 76 inclusive, Extraordinary Session of 1931.          The Attorney General advises the Speaker of the House of Representatives regarding the constitutionality of House Bills Nos. 69 to 76 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 adopted November 10, I shall give you my opinion regarding the constitutionality of the bills introduced in the House last week.          House, Bill No. 69, Providing for the Quarterly Collection of Taxes by City Treasurers in Cities of the Third Class. In my opinion this bill does not come within any of the subjects stated by the Governor in his proclamation convening this Session, and would be unconstitutional if enacted.          House Bill No. 70, Making An Appropriation to the Department of Welfare "for State Aid to Political Subdivisions Charged by Law with the Care of the Poor." It is impossible to discuss the constitutionality of this measure without first stating in detail, what it provides.          Section 1 of the bill provides, "That in the exercise of the police power for the protection of the public health safety morals and welfare threatened by existing conditions of unemployment the sum of ten million dollars is hereby specifically appropriated to the Department of Welfare for payment to political subdivisions charged by law with the care of the poor which appropriation shall be allocated as hereinafter provided * * *."          Section 2 provides that the money appropriated to the Department of Welfare shall be allocated the several counties of the Commonwealth "* * * on a ratio that the estimated number of unemployed persons in a county bears to the estimated number of unemployed persons in the entire Commonwealth * * *."          Section 3 provides that where a political subdivision charged with the care of the poor, is coextensive with a county the amount allocated to the county shall be paid to such political subdivision; that where political subdivisions charged with the care of the poor and counties are not coextensive, the county's share of the appropriation shall be paid into the county treasury and be allocated among the political subdivisions of the county by the county commissioners, with the approval of the court, "* * * on the basis of unemployed persons resident within the several subdivisions as ascertained from the best sources of information obtainable * * *;" and that in counties coextensive with cities the county's share of the State appropriation shall be paid into the city treasury, and allocated by the Department of Welfare of the city among the various political subdivisions charged with the care of the poor, also "* * * on the basis, of unemployed persons within the respective subdivisions as ascertained from the best sources of information obtainable * * *."          Section 4 provides that each political subdivision charged by law with the care of the poor "* * * shall have authority under the provisions of this act any law to the contrary notwithstanding to...

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