Borough of Millerstown v. Bell

Citations

• 123 Pa. 151
• 16 A. 612
• 1889 Pa. LEXIS 639

Syllabus

<p>1. The general powers conferred under the borough law of April 3, 1851, P. L. 320, by § 2, par. i. thereof, “To make such laws, ordinances, by-, laws and regulations, not inconsistent with the laws of this commonwealth, as they shall deem necessary for the good order and government of the borough,” must be confined to the particular subjects referred to in the twenty-five succeeding paragraphs of said section.</p> <p>2. A borough ordinance requiring teamsters, owners or drivers of any team, stage, hack, carriage, wagon, or other vehicle, (except those in actual use in carrying the U. S. mail, or those used for private purposes merely,) for which they receive any compensation whatever, to take out a license and pay certain foes therefor, is unauthorized by said act of 1851, is not within the police power of the borough, and is therefore illegal and void.</p> <p>8. A borough ordinance must be reasonable and for the common benefit ; it must not be in restraint of trade, nor ought it to impose a burden without an apparent benefit: Commissioners etc. v. Gas Company, 12 Pa. 318.</p>