Ashworth v. Pittsburg Railways

Citations

• 231 Pa. 539
• 80 A. 981
• 1911 Pa. LEXIS 883

Syllabus

<p>Street railways — Common carriers — Passengers—Bates—Classification of cities — Municipalities—Constitutional law — Local and special legislation — Act of June 7,1907, P. L. 458.</p> <p>1. The Act of June 7, 1907, P. L. 453, entitled: “An Act to regulate the maximum rate of fare to be charged for transportation of passengers by street railway companies or corporations in cities of the second class of the Commonwealth, and prescribing a penalty for the violation thereof,” is unconstitutional as local or special legislation, and involves an improper classification of cities.</p> <p>2. The act does not relate to the exercise of the corporate powers or to the corporate officers of cities of the second class, nor regulate the municipal affairs of such cities, and hence is not a subject for which cities may be classified. It follows that as the act applies to certain street-railways located in but two of the cities of the state, it is special and local legislation and, therefore, unconstitutional and void.</p> <p>Moschzisker and Potter, JJ., dissent.</p>