"[T]he main purpose of Article III, Section [31], was to correct the recognized economic mistake of taking the fiscal power away from the regular, legislative body and putting it in the hands of an appointive commission, organized for special purposes and not subject to the control of the people. Here the effect of the delegation by the General Assembly is to vest in the school board the unlimited power of increasing expenses, plus the right to levy a tax in an amount sufficient to cover the expenditures to be incurred. The Constitution prohibits this, and this court must give effect to the mandate of its framers."
How later courts described this case
- "[T]he main purpose of Article III, Section [31], was to correct the recognized economic mistake of taking the fiscal power away from the regular, legislative body and putting it in the hands of an appointive commission, organized for special purposes and not subject to the control of the people. Here the effect of the delegation by the General Assembly is to vest in the school board the unlimited power of increasing expenses, plus the right to levy a tax in an amount sufficient to cover the expenditures to be incurred. The Constitution prohibits this, and this court must give effect to the mandate of its framers."
- “Our common school system was not adopted in this state as it exists today until many years after the Revolution, though the Constitutions of *961 1776,9 1790,10 and 1838,11 and the laws recognized its vitally important part in our existence. After Thaddeus Stevens’ and Governor Wolfs famous crusade for education, our schools became an integral part of our governmental system, as a state institution.... The Constitution of 1874 fortified it and directed the legislature to maintain ‘a thorough and efficient system of public schools’: Article X, Section 1.”
- “It is a well- settled maxim that under our theory of the separation of powers of government, legislative, judicial, and executive, the powers of each branch must be preserved to it.”
- elaborating on these observations
Written by the judges who cited it.
The opinion
The court having retained the record and jurisdiction of this case for such further action as, on proper application, may be shown to be necessary, and application having been made to supplement the opinion of the court so far as it refers to debt service and the taxes applicable thereto, both parties agreeing that such elaboration is desirable, it is now further stated that nothing in the opinion heretofore filed was intended to or shall be taken or held to cast any doubt upon the power of the School District of the City of Philadelphia to borrow money for its proper corporate purposes, and to issue bonds to secure such indebtedness or in any way to vary the rule of law announced in Hillman Coal Coke Co. v. Jenner Township , 300 Pa. 108 , 150 A. 293 , that the debt service charges must be first provided for out of taxes levied each year. This rule is applicable to all bond issues of the Philadelphia School District, present and prospective, provided, however, that the total tax levy shall not exceed the sum of nine and one-quarter mills for all purposes. *Page 250