# Chartiers Valley Joint Schools v. Allegheny County Board of School Directors

> Supreme Court of Pennsylvania · June 30, 1965 · 418 Pa. 520

URL: https://www.frixlaw.com/law-library/cases/9752193

## Case

- **Full name:** Chartiers Valley Joint Schools, Appellant, v. Allegheny County Board of School Directors; Upper Merion Township School District, Petitioner, v. Boehm
- **Court:** Supreme Court of Pennsylvania
- **Decided:** June 30, 1965
- **Citations:** 418 Pa. 520; 211 A.2d 487; 1965 Pa. LEXIS 625
- **Precedential status:** Published
- **Opinion:** Concurrence by Bell
- **Judges:** Bell, Musmanno, Jones, Cohen, Eagen, O'Brien, Roberts
- **Cited by:** 114 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9752193

## How later opinions describe it (automated extraction)

- holding that sections 291, 292, and 293 of the School Reorganization Act of 1963,12 providing the Board of Education with reorganizing powers, did not unconstitutionally delegate legislative power, because the Legislature provided the Board of Education with adequate guideline…
- discussing purpose of School Reorganization Act of 1963 and upholding its constitutionality

## Opinion text

Concurring Opinion by
Mr. Chief Justice Bell:
I concur in the result solely because I consider this case unique. Legislators and draftsmen of Legislative Acts should realize that the Constitution of Pennsylvania vests all power to pass laws in the General Assembly (Article II, §1). The Legislature cannot abdicate or delegate this power because it is vested exclusively in the Legislature: Holgate Bros. Co. v. Bashore, 331 Pa. 255, 260 , 200 A. 2d 672 . See: Bell Telephone Co. of Pa. v. Driscoll, 343 Pa. 109, 113-114 , 21 A. 2d 912 .
Our prior decisions have gone the limit, indeed, I believe a number have gone beyond the limit, of recog *547 nizing very general and sometimes vague language to be sufficient standards under Article II, §1.
As the majority Opinion recognizes, the Legislature may establish primary standards and impose upon others the duty to carry out the declared legislative policy in accordance with the general provisions of the Act and with the legislatively created standards. Legislation must contain adequate standards which will guide and restrain the exercise of the delegated administrative functions.
I hope this warning will be sufficient to awaken legislative draftsmen to the necessity of complying with the Constitution instead of relying solely on the worthiness of legislative objectives.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9752193. Public record. Not legal advice.