The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1879-05-10
DoYLEsrowx, Pa, April 30, 1879


Messrs. Pdrson d Pickering, j. Worthing-
ton d Son, Frank l.. Worthngton, and Got
todis d Sons.
Gentlemen Yours Of this date is before
us, and we have given the subject careful
consideration, and have arrived at the fol-
lowing conclusions
Your first question is whether the act of
April 4, 1877, authorizing the governor to
appoint sealer Of weights and measures, is
constitutional?
The act is as follows: "That the governor
shall have power to appoint one person as
sealcr of weights and measures in the sever
al counties OF this com monweaith where no
such office now exists by law, whose term
OF office shall be Tor three years, and be sub
ject to the laws now in force governing such
offices within this commonwealth"
The above is the whole act and we are
ofopinion that it confers the requisite power
Oh the governor to appoint sealer Of
weights and measures. 1t is constitutional
10 that extent, for it gives the affirmative
power to make such appointments; and
when such officers shall be appointed, they
have all the rights and powers, and are sub
ject TO all the duties pertaining to that Office
without the aid of the last clause of that
act. 1t is supposed that the last clause is in
conflict with the sixth section Of the third
article of the constitution, which is in the
following language "No law shall be re.
vived, amended, or the provisions thereof
extended or conferred, by reference to its
title only, but SO much thereof as is revived,
amended, extended or conferred shall be re-
enacted and published at length"
Under this provision of the constitution,
the concluding clause Of the act Of 1877 is
imperative, aud is unconstitutional so far
as It is an attempt to revive o law, or to ex-
tend the provisions Of former laws TO por-
tion Of the state tO which they were before
inapplicable. But one portion of an act, or
even part Ofa section, may be unconstitu-
tional and the remaining portions perfect
ly valid. These portions-lhe good from
the bad--can be separated only by the courts
The governor cannot veto one portion of the
bill, and approve the remainder it, except
in general appropriation bills; but
court can separate the sound from the un.
sound, and pronounce which can stand and
which must fall.
Although the Office OF the sealer Of weights
and measures has existed since the year 100
under various laws, the jurisdiction for the
most part was confined tO the city and coun-
try Of Philadelphia, until the passage of the
act Of April is, l845, which conferred upon
the governor the power TO appoint sealer
OF weights and measures for each county OF
the commonwealth which shall apply for
and obtain copies Of the standards. But by
the act Of March "a, 1859, the provisions Of
that act were repealed as 10 Franklin, Ian
caster, Montgomery, Bucks, Berks, Lehigh,
Dauphin and Westmoreland counties. II
this act should be construed by the courts
simply 10 have abolished the Office for these
counties, then the revival Of it by the act Ol
1877 will give the officer all the powers con.
tanned in the act but il it shall be decided
that the act OF 1859 repealed the whole act
of lSi5, as well that portion which confers
his powers and defines his duties, as that
which authorizes the appointment of seal
er Of weights and measures, then the latter
act can not be revived, and have its provis-
ions extended to the counties named, by the
concluding clause of the act of 1877, which
is simply that the Office and officer shall
"be subject IN the laws now in force govern
ing such offices within this commonwealth" ;"
That is not re-enacting aud publishing the
act Of ls45 at length, as required by the
constitution, and the clause above quoted
adds neither breadth nor strength to the act
of 1877. If the act of 1889 repealed the act
Of lS45 for the counties named, leaving
them without any law on the subject as
much as if its provisions had never extend
ed TO them, then under the constitution il
has never been revived as to them. The
language Of the act Of lS59, literally oonstru-
ed does repeal the act of 1915, and we are OF
opinion that the courts will put that con.
struetion upon it, and then there need be no
further inquiries about the powers and
duties Of the sealer of weights and measures
for he is an officer with nothing 10 do, and
nothing To receive.
But il the courts shall deci lie that the act
Of 1889 abolished the office o,.ly for the
particular eOanties. leaving the OI.her pro
visions Of the act Of lS45 stand-althIug
the repeal 10 Of the provisions Of the act
without ption--then the sealer Of weights
and measures steps into the office with
its duties defined by law, without the aid
OF the last clause Of the act OF 1877, which
may be treated as surplusage, or stricken
cut as unconstitutional. lie is then govern.
Cd by the act Of lS45 for the prior acts an
Inconsistent with any duties proposed to bt
performed now many Of the old acts haV
ing been repealed, some providing for tn,
Sealer, or inspector, acting in concert with
the grand Jury or a portion of il, and mos
Of them being limited 70 Philadelphia.
And this brings us 10 your second ques
ton, which s:-"if constitutional, what ar,
the powers and duties OF that ofieer?"
His powers and duties are conferred and
defined by the filth, sixth and seventh sec,
tons Of the act Of April IS, lS45. The ffll
section provides for the appointment Of
SealeTs OF weights and measures, whose du.
ty il shall be 10 compare all weights and
measures which shall be brought 10 them
for that purpose with the copies Of the stan,
card faTRiIhed ~ before provided forj and