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SPLESNIASZ ET AL. v. WHITEHALL CEMENT MANUFACTURING COMPANY. (03/18/59)

March 18, 1959

SPLESNIASZ ET AL., APPELLANTS,
v.
WHITEHALL CEMENT MANUFACTURING COMPANY.



Appeal, No. 20, Oct. T., 1959, from judgment of Court of Common Pleas of Lehigh County, June T., 1958, No. 1, W.C.D., in case of Josephine C. Splesniasz et al. v. Whitehall Cement Manufacturing Company. Judgment affirmed.

COUNSEL

Paul A. McGinley, for appellants.

Harold A. Butz, Hudders, Tallman & Rupp, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Woodside

[ 189 Pa. Super. Page 144]

OPINION BY WOODSIDE, J.

The only question involved in this case is the effective date of the Act of August 24, 1953, P.L. 1382. If this act, which was an amendment to The Workmen's Compensation Act, were effective on August 28, 1953, when Joseph J. Splesniasz was killed, his dependents, the plaintiffs, are entitled to a higher rate of workmen's compensation than they would be if it were not effective on that date.

Judge HENNINGER, in an opinion for the court below, held the act became effective September 1, 1953. We agree.

The first two paragraphs of section 4, as amended, of the Statutory Construction Act of May 28, 1937, P.L. 1019, 46 PS § 504, provides as follows:

"All laws hereafter enacted finally at a regular session of the Legislature, except laws making appropriations, and except laws affecting the budget of any political subdivision, shall be in full force and effect from and after the first day of September next following their final enactment, unless a different date is specified in the law itself,...

"Appropriations, laws, or laws having appropriation items, enacted finally at a regular session of the Legislature, shall be in full force and effect from and after the first day of June next following their final enactment, unless a different date is specified in the law itself, or unless any such appropriation law or law

[ 189 Pa. Super. Page 145]

    having an appropriation item is enacted finally after the first day of June in any year, in which case it shall be in full force and ...


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