Major v. Aldan Borough

Citations

• 209 Pa. 247
• 58 A. 490
• 1904 Pa. LEXIS 600

Syllabus

<p>Boroughs—Constitutional law—Increase of debt—Election—Art. IX, sec. 8 of the constitution—Act of June 9, 1891, P. L. 252.</p> <p>Neither in art. IX, see. 8 of the constitution nor in the Act of June 9, 1891, P. L. 252, providing how an election upon a proposed increase of municipal indebtedness shall be held, is there any provision that the electors shall pass upon the purpose of the loan. The statutory provision, that the purpose and amount of the increase shall be written or printed on the inside of the ticket, is simply for the information of the voter that he may vote with intelligence upon the question submitted to the electors.</p> <p>The purpose for which any municipal indebtedness is to be incurred, whether within or above the constitutional limit of two per centum of the assessed valuation, is for the municipal authorities, to whom the electors have delegated the power and authority to speak and act for them ; but, when by an ordinance the municipal authorities provide for an election for the increase of the debt, and the purpose for the increase is distinctly set forth in the ordinance and in the notice of the election, and on his ticket' the elector finds a brief statement of it, and the amount of the increase, the borough council cannot, after the increase is authorized by a popular vote, .so cast, divert the money from the purpose for which they, in the first instance, declared it was to be used. The mere adoption, however, of a certain method of carrying out the purpose; or making changes in the same, cannot be regarded as an unlawful diversion, if, in the end, the real purpose of the authorized loan is attained.</p> <p>Where the purpose of an increase of indebtedness is stated to be the construction of a telford pavement according to certain specifications, the borough authorities will not be restrained from awarding the contract on different specifications, if it appears that the only difference between the two specifications was a change in the b