Anderson v. Lower Merion Township

Citations

• 217 Pa. 369
• 66 A. 1115
• 1907 Pa. LEXIS 720

Syllabus

<p>Constitutional law — Sewers—Townships of the first class — Act of February 23, 1905, P. L. 22.</p> <p>The creation and maintenance of a sewerage system for a municipality is clearly a municipal function, and hence the legislature may confer authority for the purpose on a class of municipalities without impinging the constitution.</p> <p>The Act of February 23, 1905, P. L. 22, entitled “An Act to provide for charging the cost of construction of sewers and drains heretofore or hereafter constructed in townships of the first class against properties accommodated or benefited thereby; authorizing the township commissioners to create sewer districts, to apportion the cost of sewer construction among the same, and to prescribe the manner in which the charges shall be assessed on properties, and municipal liens filed for the same, or to assess an annual tax for the payment of such cost,” is not unconstitutional insofar as it gives townships of the first class the power to divide the township into sewer districts and provide for alternative methods of assessment on properties benefited.</p> <p>Under the act the township authorities may apply the foot front rule to a densely populated sewer district, and the rule of assessment according to benefits to a sewer district where the properties are of a rural character.</p> <p>The Act of February 23, 1905, P. L. 22, is not unconstitutional, in authorizing the township commissioners, instead of the court, to appoint viewers to ascertain the benefits accruing from sewer improvements.</p> <p>The Act of February 23, 1905, P. L. 22, does not offend against article IX, sec. 1 of the constitution, which provides that all taxation must “be uniform upon the same class of subjects within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws;” nor does the act exceed the general powers of taxation conferred upon the legislature; nor is its effect to confiscate private property in vio