Schroeder v. Scranton Gas & Water Co.

Citations

• 20 Pa. Super. 255
• 1902 Pa. Super. LEXIS 220

Syllabus

<p>Water companies — Rates—Regulation of rates by municipality — Acts of March 16, 1851, P. L. of 1856, page 599, April 29, 1871, P. L. 73, and May 23, 1889, P. L. 277.</p> <p>The rates and charges of a water company incorporated prior to the Act of April 29, 1871, P. L. 73, but which has accepted the provisions of that act, cannot be regulated by the municipal authorities. The regulation of sucli rates and charges is within the exclusive jurisdiction of the common pleas under the second proviso of clause 7 of section 31 of the Act of April 29, 1871, P. L. 73. There is nothing in the 46th section of article 5 of the Act of May 23, 1889, P. L. 277, known as the general welfare clause, which gives cities of the third class authority to regulate the rates and charges of water companies.</p> <p>Of every municipal corporation, the charter or statute by which it is created is its organic act. Neither the corporation nor its officers can do any act, or make an5’ contract, or incur any liability not authorized thereby or by some legislative act applicable thereto. All acts beyond the scope of the powers granted are void.</p>