Municipal corporations — Elections — Voting machines — Authorization by electors — Neglect of county commissioners — Awarding of contract by Secretary of Commonwealth — Mandatory duty — Availability of funds for payment — Acts of April 18, 1929, P. L. 549, and June 23, 1931, P. L. 1185.
1. Under the Act of April 18, 1929, P. L. 549, as amended by the Act of June 23, 1931, P. L. 1185, which prescribes that if the majority of qualified electors shall vote for the use of voting machines in a county, the county commissioners shall purchase for each election district of the county a sufficient number of voting machines, and that if the county commissioners shall not within one year have executed their contract for the purchase of such machines, then the Secretary of the Commonwealth shall forthwith notify the county commissioners that after the expiration of thirty days he will, on behalf of the county, execute such contract unless the county commissioners meanwhile shall have executed the same, and if, upon expiration of the thirty days, the county commissioners still have not executed the contract, the Secretary of the Commonwealth, on behalf of the county, shall thereupon execute such contract, the duty of the Secretary of the Commonwealth is mandatory, and the availability of funds for payment of the machines is immaterial. [64]
2. An injunction will not issue to restrain the Secretary of the Commonwealth from awarding a contract under Act of April 18, 1929, P. L. 549, as amended by the Act of June 23, 1931, P. L. 1185, on behalf of a county for the purchase of voting machines for use in the county, after notice to the county commissioners of his intention to do so, where the majority of the qualified electors have voted for the use of voting machines in the county, and have authorized an increase in the indebtedness of the county for the purpose of paying for the machines so authorized, and the county commissioners have failed to act within the prescribed time; and this is so even though the proceeds of the loan negotiated pursuant to the authority granted, have been used for other purposes and the county is without funds to pay for the voting machines, where there is no averment nor proof that the contract for the purchase of the machines will result in creating a debt in excess of the constitutional limit of the county. [58-68] Constitutional law — Local or special laws — Voting machines — Acts of April 18, 1929, P. L. 549, and June 23, 1931, P. L. 1185.
3. The Act of April 18, 1929, P. L. 549, as amended by the Act of June 23, 1931, P. L. 1185, relating to matter of voting machines, is not in conflict with article III, section 7, of the Constitution, which provides that the legislature shall not pass any local or special law regulating the affairs of the counties, cities, townships, wards, boroughs or school districts. [65-6]
Constitutional law — Delegation of legislative power — Voting machines — Acts of April 18, 1929, P. L. 549, and June 23, 1931, P. L. 1185.
4. The Act of April 18, 1929, P. L. 549, as amended by the Act of June 23, 1931, P. L. 1185, relating to the matter of voting machines, does not offend against section 20 of article III of the Constitution which provides that the legislature shall not delegate to any special commission any power to make, supervise or interfere with any municipal improvement, money, property or effects, or to perform any municipal function whatever. [66-7]
Constitutional law — Indebtedness of Philadelphia — Voting machines — Acts of April 18, 1929, P. L. 549, and June 23, 1931, P. L. 1185.
5. The Act of April 18, 1929, P. L. 549, as amended by the Act of June 23, 1931, P. L. 1185, relating to the matter of voting machines, does not offend against section 8 of article IX of the Constitution, as amended, which provides that the debt of the City of Philadelphia may be increased in such amount that the total city debt of said city shall not exceed ten per cent of the assessed value of taxable property therein. [67-8]