Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-02-19
Two IMPORTANT DECISIONS
Rendered by the Supreme Court, Both of
General Interest.

Rendered by the Supreme Court, Both of
General Interest.
The Supreme Court has delivered an opinion
IN the Ruan and Washington street cases, in
volvIng the constitutionality of the road law
of 1887. The Court finds the law unconstitu-
tional reverses the decision of the lower court
and afirms it in that of the Washington street
case. The opinion is extended on the question
of classification OF cities, special legislation
and the subjects on which legislation is not
authorized by the system of classification.
In the Ruan street case jury in the Quarter
Sessions of philadelphia had decided that the
street should be opened, and damages and ben
efits were assessed under the provisions of the
first section of the act. Exceptors held that
the act of 1857 was unconstitutional, violating
article 8, section of the Constitution, which
prohibits the Legislature from passing local
law, authorizing the creation, extension or i'm
pairing Of liens; authorizing the laying out,
opening. altering or main tanning roads, high
WAYS, streets OF alleys 1t was also held by
article S section 26, that ali laws
relating to courts shall be general
and Of uniform operation. Justice Mitchell
wrote the opinion of the Court and decided
that viewers, deciding IN favor of opening or
widening any public plotted street, in any city
of the first class, may pass on the question of
benefits ana damages, and that such findings
are not unconstitutional as proceedings under
local OF special legislation as provided in Sec
tions and of the act Of May 6, 1887. The
Court decided sections 3 and OF this act
constitutional because they violate article 8
section of the Constitution. prohibiting local
and special laws, but concluded that the failure
of sections and did not impair the validity
of the whole act and enough remained to form
perfectly valid act
A re-argument was allowed, and now the
Court declares the law unconstitutional. It is
not known Just how the decision will affect
street matters in this city, but while some think
our street law may not be affected, yet If local
legislation is decided unconstitutional, it is
thought our law will be affected. A full ex-
animation will be necessary before conclusion
can be reached.
The Supreme Court also made, decision in
the case nf Josephine E. Rowan, widow of ex-
Sheriff w. Elwood Rowan, of Philadelphia,
conJesting the right of the adopted daughter
of Sheriff Rowan tn inherit as though she were
his actual child. The Court decides that the
adopted child of the decedent has all the right
of an actual child in the distribution
of his estate, stating that it was dis
tinctly ruled in Ann Johnston's appeal
that child adopted under the act of 1855
becomes a child and heir of the person adopt
ing such child, so far as he or she can be made
bv legislative enactment In the case of w.
Elwood Rowan, decedent adopted the appellee
before he was married to the appellant, and the
latter has right to complain that her rights
were interfered with by the act of her husband
subsequent to their marriage. The act of 1856
is explicit that a child adopted under its pro-
visions shall assume the name OF the adopted
parent, and shall have all the rights of child
and heir of such adopting parent"