Travis v. Lehigh Coal & Navigation Co.

Citations

• 33 Pa. Super. 203
• 1907 Pa. Super. LEXIS 268

Syllabus

<p>Townships — Classification—Townships of the second class — Supervisor —Public officer — Road law — Act of April 28,1899, P. L. 104 and April 12, 1905, P. L. 142 — Constitutional law.</p> <p>The Act of April 28, 1899, P. L. 104, had the effect of making all townships in Pennsylvania of the second class, except “those townships having a population of at least three hundred to the square mile, as shown by the United States census,” after proceedings taken under the act. All townships are prima facie in the second class and remain there until proceedings are taken in pursuance of the act to create them townships of the first class.</p> <p>The Act of April 12, 1905, P. L. 142, applies to all townships in a county as second-class townships which have not been established by proceedings under the act of 1899, as of the first class; and in counties where no first-class townships have been' established, it applies to all townships.</p> <p>The Act of April 28, 1899, P. L. 104, relating to the classification of townships is constitutional.</p> <p>The Act of June 12, 1893, P. L. 451, is repealed by the Act of April 28, 1899, P. L. 104 only so far as townships of the first class are concerned.</p> <p>A supervisor who was elected after the passage of the Act of April 12, 1905, P. L. 142, in a township in a county where there are no first-class townships, is entitled to the salary or compensation from contractors under the so-called Losch Road Act of June 12, 1893, P. L. 451.</p>