is novel and interesting. It should be passed upon by the highest appellate authority, the Supreme Court of Pennsylvania, rather than a horseback decision by an inferior trial tribunal of the federal judiciary system. No governing precedents have come to our attention. It seems proper for this Court to accord to the constitutional provision its plain meaning as shown on its face, and to accord to the State statute the full scope of its presumption of constitutionality. Quite possibly a careful scrutiny of the legislative history of the provisions involved might demonstrate the error of our conclusions, but as Justice Robert H. Jackson used to emphasize, the research facilities for such scrutiny are not adequately available to country lawyers and trial courts. Jackson, Problems of Statutory Interpretation, 8 F.R.D. 125 (1948); Schwegmann Bros. v. Calvert Corp., 341 U.S. 384, 395-397, 71 S. Ct. 745, 95 L. Ed. 1035, 19 A.L.R.2d 1119 (1951); United States v. P.U.C. of California, 345 U.S. 295, 319-320, 73 S. Ct. 706, 97 L. Ed. 1020 (1952). See also Greenwood v. United States, 350 U.S. 366, 374, 76 S. Ct. 410, 100 L. Ed. 412 (1956). The best we can do is, "after prolonged cerebration", to offer our "prophetic judgment". Cooper v. American Airlines, 149 F.2d 355, 359, 162 A.L.R. 318 (C.A.2, 1945).
Defendant's motion is granted.
And now, this 26th day of June, 1967, upon consideration of defendant's motion for summary judgment, after argument, for the reasons set forth in the foregoing opinion,
It is ordered that said motion be and the same hereby is granted, and judgment entered for defendant, Washington Steel Corporation, and against plaintiff, Allen Clark Wooddell, as Administrator of the Estate of Eugene Drost, a/k/a Eugene J. Drost, deceased, and as Trustee for Marjorie Drost, widow of Eugene Drost, and as Guardian of Marty Ann Drost, Dependent and minor child of the deceased, Eugene Drost.
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