Commonwealth v. City of South Bethlehem

Citations

• 248 Pa. 581
• 94 A. 244
• 1915 Pa. LEXIS 618

Syllabus

<p>Constitutional law — Boroughs — Incorporation into cities of third class — Special election — Act of July 7, 1918, P. L. 694 — • Constitution of Pennsylvania, Art. XV, Sec. 1 — Construction— Municipal election — General election.</p> <p>1. The Act of July 7, 1913, P. L. 694, providing that a borough may become incorporated into a city of the third class when a majority of the electors shall have voted in favor of the same at a special election held for the purpose, is violative of Art. XV, See. 1, of the Constitution of Pennsylvania, providing that “Cities may be chartered whenever a majority of the electors of any town or borough, having a population of at least ten thousand, shall vote at any general election in favor of the same,” and a special election held for such purpose in pursuance of the provisions of such act, is void. The method of election prescribed by Art. XV, Sec. 1, of the Constitution, is exclusive.</p> <p>2. A municipal election held in November of odd numbered years, in pursuance of Amendments 6 and 8, to the Constitution of Pennsylvania, is a general election within the meaning of Article XV, Sec. 1, of the Constitution.</p> <p>3. The general subject matter of the Act of July 7, 1913, P. L. 694, is within the scope of the legislative power and the act violates the Constitution only in so far as it provides that the will of the electors as to the incorporation of a borough into a city of the third class, may be ascertained at a special instead of a general election.</p>