Opinion
September 29, 1950.
Courts — Quarter sessions — Powers — Padlocking premises — Communists.
1. 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. [550]
Practice — Writ of prohibition — Court — Preventing usurpation of power.
2. A writ of prohibition is appropriate to abate the continuing wrong of an order entered by the court of quarter sessions, without power, padlocking premises. [550]
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.
Hymen Schlesinger, for petitioners.
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.