Allentown v. Wagner

Citations

• 214 Pa. 210
• 63 A. 697
• 1906 Pa. LEXIS 627

Syllabus

<p>Constitutional law — Title of act — Municipalities—Act of March 30, 1903, P. L. 115.</p> <p>The Act of March 30,1903, P. L. 115, entitled “An act amending clause 22, of section 3, article 5, of an act entitled ‘An act providing for the incorporation and government of cities of the third class' approved the twenty-third day of May, 1889,” authorizing the establishment of a hospital for contagious diseases outside the limits of a city sufficiently expresses its purpose in its title, and is constitutional.</p> <p>The restrictions of the constitution upon legislation apply to direct legislation, not to the incidental operation of statutes constitutional in themselves upon other subjects than those with which they directly deal.</p> <p>The words “within the county adjacent” in the Act of March 30, 1903, P. L. 115, do not apply to the site or location of the hospital, but to the county in which it and the city are situated. The hospital may be located in an adjacent township within the same county.</p> <p>Statutes — Repeal—Municipalities—Hospital for contagious diseases — Acts of April 11, 1899, P. L. 38, and March 30, 1903, P. L. 115.</p> <p>The Act of March 30, 1903, P. L. 115, authorizing cities of the third class to establish hospitals for contagious diseases outside of the limits of the city, does not repeal the Act of April 11, 1899, P. L. 38, giving certain powers to school boards over matters relating to the public health. The two acts create a situation of concurrent powers in two bodies over the same subject, each bound to act with due regard to the other and in case of disagreement necessarily coming to the court for adjustment.</p> <p>Municipalities■ — Hospitals—Hospitals for contagious diseases — Act of March 26, 1903, P. L. 63.</p> <p>It seems that under the act of March 26, 1903, P. L. 63, cities may erect hospitals for contagious diseases without the city limits.</p>