Opinion
October 3, 1961.
October 10, 1961.
Supreme Court — Jurisdiction — Election case — Appeals — Scope of review — Election Code.
1. Where an appeal is taken from the decision of a county board of elections to a court of common pleas pursuant to the Election Code of 1937, P. L. 1333, § 1407, on a subsequent appeal to the Supreme Court the scope of appellate review is in the nature of a narrow certiorari and the Court is limited to determining whether the court below had jurisdiction, whether its proceedings were regular, whether or not it exceeded its power and whether or not there was a violation of constitutional rights. [174-6]
2. Where a statute provides that there shall be no appeal from the decision of the court below the scope of appellate review is in the nature of a narrow certiorari. [177]
Mr. Justice MUSMANNO filed a concurring opinion.
Argued October 3, 1961. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.
Appeal, No. 242, March T., 1961, from order of Court of Common Pleas of Washington County, May T., 1961, No. 278, in re appeal from order of County Board of Elections. Order affirmed.
Proceedings on appeal from decision of county board of elections.
Order entered sustaining appeal, order per curiam. Candidate appealed.
Paul A. Simmons, with him Tempest Simmons, for appellant.
Stephen I. Richman, with him Barron P. McCune, and McCune Greenlee, for appellee.
This appeal is from an order of the court below in a proceeding emanating from the primary election held in Somerset Township, Washington County, Pennsylvania, on May 16, 1961.
Herein, the appellant questions the legal correctness of the lower court's decision involving the validity and tabulation of an absentee ballot casting a vote for the appellee in the contest for the Democratic nomination for the office of tax collector of the township. The material facts incident to this issue are recited in an opinion in a companion case filed herewith ( Fitch Appeal (No. 1), 405 Pa. 169, 174 A.2d 232) and need no repetition.
The requested review herein concerns an order of the common pleas court in an appeal from a decision of the county election board under Section 1407 of the Election Code. This section expressly states that "No appeal shall be allowed . . . from any order or decree of the court of common pleas made in pursuance of this section." An examination of this section and interrelated sections of the Code clearly indicates that orders and decisions of the court of common pleas in this type of proceeding shall be deemed final and conclusive.
Hence, the appeal comes before us on narrow certiorari and the inquiry is limited to a question of jurisdiction; the regularity of the proceedings; whether or not the lower court exceeded its power and authority and whether or not there was a violation of constitutional rights: DeVito v. Civil Service Commission, 404 Pa. 354, 172 A.2d 161; Dauphin Deposit Trust Company v. Myers, 388 Pa. 444, 460, 130 A.2d 686; Chase Appeal, 389 Pa. 538, 133 A.2d 824 (1957), and Cullen Appeal, 392 Pa. 602, 141 A.2d 389 (1958). We cannot on this appeal consider the validity of individual votes: Focht's Appeal, 275 Pa. 449, 119 A. 494 (1923).
The record discloses no jurisdictional defects or irregularity in the proceedings. That the lower court's adjudication was judicial action is beyond doubt. There was no violation of constitutional rights.
Order affirmed. Costs to be paid by appellant.
I concur in the result announced by the majority of the Court. However, I desire to make this observation. Since elections go to the very heart of our system of democracy, I would not limit the scope of review of this Court in election contests, no matter what might be the nature of the controversy involved.