Appeal No. 364 January Term, 1976, from Order of Commonwealth Court at No. 289 C.D.1976; Theodore O. Rogers, Judge.
David Cohen, Philadelphia, for appellant.
Hardy Williams, Philadelphia, for appellee.
Jones, C. J., and Eagen, Roberts, Pomeroy, Nix and Manderino, JJ. Nix, J., filed a dissenting opinion. O'Brien, J., did not participate in the consideration or decision of this case.
Order affirmed. Appellant pay costs.
NIX, Justice (dissenting).
This is an appeal from an Order of Judge Rogers of the Commonwealth Court, directing the Secretary of the Commonwealth to certify the name of C. David Henry for inclusion on the ballot of the Democratic Party at the Primary Election on April 27, 1976, as a candidate for the office of Representative in the General Assembly for the 202nd Representative District of Philadelphia County, Pennsylvania. The objection to the petition of Mr.
Henry was filed by Representative Mark B. Cohen, the present incumbent for the 202nd Representative District. The basic allegation upon which the objection was premised was that Mr. Henry was not an inhabitant of the District in question for a period of one year prior to the Election as required by Article II, Section 5 of the Pennsylvania Constitution.
As noted by the court below, the term "inhabitant" as used in Article II, Section 5 of the Pennsylvania Constitution, has been consistently construed to mean "one who resides permanently in a given place". I can see no difference for ...