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COMMUNIST PARTY PETITION (09/29/50)

THE SUPREME COURT OF PENNSYLVANIA


September 29, 1950

COMMUNIST PARTY PETITION

Original jurisdiction, No. 1727, Miscellaneous Docket, in the matter of petition of Communist Party of Western Pennsylvania et al. for writ of prohibition, and rule to show cause, directed to Honorable THOMAS M. MARSHALL, President Judge of the Court of Quarter Sessions of the Peace for Allegheny County. Rule to show cause made absolute.

COUNSEL

Hymen Schlesinger, for petitioners.

[ 365 Pa. Page 550]

OPINION PER CURIAM

The order entered by the respondent judge of the court below on September 5, 1950, padlocking the premises at Room 426, and the adjoining offices thereto, in the Backewell Building, Pittsburgh, listed in said building as the offices of the Communist Party of Western Pennsylvania, is without warrant in law. There is no statute empowering a Court of Quarter Sessions to padlock premises because they happen to be occupied or used by persons accused of crime; and no such power inheres in the court otherwise. A writ of prohibition to abate the continuing wrong of the order entered below is appropriate: see McNair's Petition, 324 Pa. 48, 64, 187 A. 498. The writ will therefore issue as prayed for.

Disposition

The order entered by the respondent judge of the court below on September 5, 1950, padlocking the premises at Room 426, and the adjoining offices thereto, in the Bakewell Building, Pittsburgh, listed in said building as the offices of the Communist Party of Western Pennsylvania, is without warrant in law. There is no statute empowering a Court of Quarter Sessions to padlock premises because they happen to be occupied or used by persons accused of crime; and no such power inheres in the court otherwise. A writ of prohibition to abate the continuing wrong of the order entered below is appropriate: see McNair's Petition, 324 Pa. 48, 64, 187 A. 498. The writ will therefore issue as prayed for.

19500929

© 1998 VersusLaw Inc.



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