stating that pros-' ecutorial “powers, functions, [and] duties” involve prosecution'Of crimes committed
How later courts described this case
- stating that pros-' ecutorial “powers, functions, [and] duties” involve prosecution'Of crimes committed
- an equitable remedy should lie because unless the court now takes a position forthwith on Specter's status, if Specter is elected Mayor and thereafter declared ineligible, the majority of Philadelphia voters will be disenfranchised, thousands of campaign hours and money would be wasted, and the orderly administration of the city government will be paralyzed
- "[I]t is important to further note that ... the District Attorney of Philadelphia ... is Elected in municipal [and not] State-wide elections...."
- sheriff subject to Home Rule Charter
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Mr. Justice Cohen :
The Chief Justice holds the District Attorney to be a City Officer but — for reasons unstated, though apparent — -refuses to apply the sanctions required by the City Charter when its provisions are violated and dis- . regarded.
The only position that enlists a majority of this Court determines that the District Attorney is a City Officer. Our refusal to invoke the required sanctions is an act of favoritism that denies the plaintiff litigant due process and hence is unconstitutional. I hold the involved officer to be a city one and I would invoke the required sanctions.
I dissent.