Commonwealth ex rel. Heinly v. Marks

Citations

• 248 Pa. 518
• 94 A. 191
• 1915 Pa. LEXIS 603

Syllabus

<p>Municipalities — Cities of the third class — Act of June 27, 1913, P. L. 568, Article III, Section 3; Article XIX — Statutes—Construction — Initiative and referendum.</p> <p>1. Where under the provisions of the Act of June 27th, 1913, P. L. 568, providing for the government of cities of the third class, a city of the third class has annexed territory, it has no power either directly, or indirectly, to dissever such territory.</p> <p>2. In such case Article XIX of the said act, providing for the submission to the council of ordinances upon petition by the electors cannot be invoked to require the submission to the council of an ordinance repealing the annexation ordinance.</p> <p>3. The right granted by Article XIX of said act is an exceptional one concerning which the familiar rule obtains that he who relies upon an exception in the law must bring himself squarely and fully within it.</p> <p>4. The language of any portion of a statute must be understood in the light of the whole of it, giving due effect to every portion, and by reference from one to the other, explaining, and if need be, restraining the generality of' one so as not 'to conflict with the other, thus harmonizing all and assigning to each its proper meaning and legitimate field of operation.</p>