Paving, etc., of Wyoming Street

Citations

• 137 Pa. 494
• 21 A. 74
• 1891 Pa. LEXIS 898

Syllabus

<p>1. The division, of the cities of this state into three classes by the act of May 23, 1874, P. L. 230, held to be constitutional in Wheeler v. Philadelphia, 77 Pa. 338, is a necessary provision to meet the different needs of cities differing widely in population ; hut the act classifies cities as such, and its effect is to distinguish municipalities in one class from those in another for purposes of municipal government only.</p> <p>2. Hence, if an act relating to one class of cities takes effect upon the powers or duties of the municipality, or upon the number, character, powers, or duties of the corporate officers, and affects all members of a given class alike, it is general and constitutional; but, if it relates to matters not under municipal control or affecting the municipal government, it is unconstitutional: Weinman v. Railway Co., 118 Pa. 192; Ayars’ App., 122 Pa. 266 ; Rúan St., 132 Pa. 257.†</p> <p>3. Tried by this test, the sections of the act of June 14, 1887, P. L. 386, relating to streets in cities of the second class, which provide for the creation and fix the powers and duties of the “ Board of Viewers,” are in plain violation of the constitution and are therefore void, because: (a) They do not relate to any subject under municipal control, or to the exercise of any municipal power. Moreover,</p> <p>4. (6) They affect the powers and practice of the courts of law of Allegheny county; and (o) they impose on citizens of a city of the second class a new, inconvenient, injurious and oppressive system for assessing damages and benefits, alleged to be done by or to result from an entry on land under the right of eminent domain, to which system citizens of other cities and other parts of the state are not subjected.</p> <p>5. These sections might be held unconstitutional and void for the further reason, that their provisions are of such a character that they practically deny to persons affected by them that free and open access to the courts of law which