City of Allentown v. Wagner

Citations

• 27 Pa. Super. 485
• 1905 Pa. Super. LEXIS 87

Syllabus

<p>Municipalities — Hospital—Contagious diseases — Board of health — Towtuships — Constitutional law — Statutes—Act of March 30, 1903, P. L. 115.</p> <p>Under the Act of March 30, 1903, P. L. 115, amending the Act of May 23, 1889, P. L. 277, a city of the third class may take title to five acres of isolated mountain land in an adjacent township, and build thereon a hospital for contagious and infectious diseases subject to the right of the health authorities of the township to make and enforce reasonable rules and regulations as to the route, manner and hours when patients shall be transferred from the city to the hospital, and the reasonable quarantine of patients while at the hospital.</p> <p>The words “within the county adjacent,” in the act of March 30, 1903, were intended to define a suitable place within a reasonable distance from the city which was especially adapted for hospital purposes. The fact that both city and township may be within one county is not material. The authority is to locate the necessary hospital within the city, or without the city and within the county adjacent thereto, in the convenient neighborhood of and reasonably accessible to the city. The word “adjacent” implies nearness to, but not necessarily actual contact.</p> <p>The Act of March 30, 1903, P. L. 115, is a proper exercise of legislative power, is sufficient in title, and not unconstitutional.</p> <p>The legislature may prescribe the territorial limits of municipal bodies and the powers granted to them; it may enlarge or contract, subdivide or combine them, and may give them authority to act beyond their boundaries to acquire title to land, to expend public moneys, in order to prevent nuisances, establish homes, hospitals, etc.</p>