West Chester Borough v. Postal Telegraph-Cable Co.

Citations

• 38 Pa. Super. 603
• 1909 Pa. Super. LEXIS 194

Syllabus

<p>Constitutional law — Special legislation — Municipalities—License fees —Telegraph companies — Act of April 17, 1905, P. L. 183.</p> <p>1. The Act of April 17, 1905, P. L. 183, entitled: “An Act Providing for the determination by the Court of Common Pleas of the proper county of all disputes as to the reasonableness of the amount of license fees between municipal corporations and. telegraph and telephone, or light or power companies,” is not unconstitutional as special legislation because it does not include electric street railway companies within its provisions. Electric street railway companies are nothing but “street passenger railways,” and such companies are by the constitution itself put into a separate class.</p> <p>2. The findings of fact by the court below in a proceeding under the Act of April 17, 1905, P. L. 183, to determine the reasonableness of a license fee imposed by a borough on a telegraph company when sustained by sufficient evidence, will not be reversed by the appellate court.</p>