Sample v. Pittsburg

Citations

• 212 Pa. 533
• 62 A. 201

Syllabus

<p>Constitutional law—Local legislation—City of Pittsburg—City of Allegheny —Act of April 20, 1905, P. L. 221.</p> <p>The act of April 20, 1905, entitled, “An Act providing that where two cities are contiguous, and in the same county, the smaller may be annexed to the larger, prescribing the method of proceeding and the effect of annexation; providing for the division of such enlarged cities into wards, for the apportionment of common council, and for the indebtedness of such cities,” violates article III, section 7, subdivision 2, of the constitution, which provides that the general assembly “shall not pass any local or special law regulating the affairs of counties, cities, townships, wards, borough or school districts,” inasmuch as the only two cities in the commonwealth that “are contiguous and in the same county,” are the cities of Pittsburg and Allegheny, and the clear intent of the act is to legislate locally for them alone. In determining that the act is unconstitutional the court will consider as without merit the contention that some time in the future there may be two other cities which may become contiguous and in that event can be consolidated under the provisions of the act.</p> <p>Potter, J., dissents.</p> <p>Citizens and taxpayers of Allegheny City may maintain a bill in equity to restrain the city of Pittsburg and its municipal officers from taking any proceedings under the act of April 20, 1905, to annex the city of Allegheny to the city of Pittsburg.</p> <p>A statute providing for the annexation of one city by another is a law “regulating the affairs” of cities within the meaning of article III, section 7, subdivision 2 of the constitution of Pennsylvania.</p>