Scranton City v. Ansley

Citations

• 34 Pa. Super. 133
• 1907 Pa. Super. LEXIS 94

Syllabus

<p>Municipalities — Sewers—Liens—Foot front rule — Classification of cities — Constitutional law — Acts of May 23,1889, art. XIII, P. L. 277, and March 7,1901, art. XX, P. L. 20.</p> <p>The city of Scranton which was shown to be a city of the second class by the census of 1900, is not authorized to assess property according to the foot front rule for the construction of a sewer as provided by the Act of May 23, 1889, art. XIII, P. L. 277, entitled “ An Act providing for the incorporation and government of cities of the third class. ” Such authority is not found in the Act of March 7, 1901, art. XX, P. L. 20, entitled “An Act for the government of cities of the second class,” and providing that “from and after the passage of this act all laws relating to cities of the third class shall continue to apply to cities of that class which have passed, or may pass into a city of the second class by reason of increase in population, except so far as such laws are supplied by, or in conflict with laws relating to cities of the second class.” A construction of the act of 1901 which would authorize such an assessment, would bring the act into conflict with the constitutional restriction relating to local and special laws regulating the affairs of cities.</p> <p>The effect and consequence of a proposed construction of a statute as well as its reason and spirit, are to be considered in determining its validity.</p>