Scranton City v. Straff

Citations

• 28 Pa. Super. 258
• 1905 Pa. Super. LEXIS 179

Syllabus

<p>Municipalities — Ordinance—Police regulations — Merry-go-round.</p> <p>In determining the reasonableness of a municipal ordinance, the court will have to regard all the circumstances of the particular city or corporation, the object sought to be obtained, and the necessity which exists for the ordinance. Implied power springs from necessity. That which may be necessary for a large city, may not be necessary for a small city or borough; that which is not necessary cannot be implied.</p> <p>Where the municipal legislature has authority to act, it must be governed not by the discretion of the court, but by its own discretion, and the court will not be hasty in convicting it of being unreasonable in the exercise of such authority.</p> <p>An ordinance forbidding the operation of a merry-go-round within 1,000 feet of any public park in the city, is a reasonable and constitutional exercise of municipal authority.</p>