Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-09-21

various steps taken IN relatlon TO tnlS 1ncnodte
purchase. There are no disputed facts in rela-
tion thereto, except the allegation that the
price proposed is $500 to S400 per acre beyond
the market value. The Chief of the Depart
ment of Public Charities followed out instruc-
tions directing him to advertise for ten DAYS for
proposals for Poor Farm. He was not bound
to receive additional proposals after that time
There is no evidence of bad faith on the part OF
any officers. and the Court would not, If it had
the power, interfere with the exercise of their
discretion in accordance with law. Though we
might. under the circumstances, have thought
it advisable to reject all the proposals as either
being largely beyond the market value, or that
4 sudden and enormous advance had come In
regard 10 country properties in this region,
which might soon subside. The ordinance of
July II, 1890, authorizing an advertisement Tor
proposals for the sale of farm to the city, con-
tains no offer or authority to purchase any par
ticular property at any price, much less to re-
move the place for caring for the poor to
distant county.
MAGISTRATES AN APPROPRIATION.
The acceptance of bids and purchase of
property is, In our opinion, legislative act OF
the Councils, and if valid necessarily involv-
ing the appropriation of money so as to re-
quire for its validity before it takes effect to
be presented, duly engrossed and certified. to
the Mayor for his approval.
1t is conceded that the joint resolution has
not been presented to the Mayor for his ap-
proval, and that 1t was not intended so to be.
This defect might be cured if there were no
1ncurable error in the proposed purchase. The
city of Plttsburg is one of the municipal cor
porations of the county of Allegheny. The
care and maintenance of the poor of the city
is and has long been treated as a municipal
ft,pn 4 lt1fr- Tnao tOf Inn in
relation to cities of the second class z. L.,
page 395, vests the power within the Depart
ment of Public Charities. They have power
within the proper limits and in the legal man.
ner to purchase real estate for this purpose.
Municipal functions must usually be per-
formed within the territory of the munich
pality, unless the power TO go beyond the ter
ritorIal limits is given by statute, or unless 1t
may be implied because essential to carry into
effect those powers which are expressly
granted. They cannot purchase or make i'm
provements or hold real estate beyond their
limits without such authority. "A power
therefore gwen to a municipal corporation to
purchase real estate without money does not
authorize it to purchase or improve outside ITS
territorial limits," l04 PENNSYLVANIA Supra.
There is no pretense of any express grant to
the city of Pittsburg to 60 outside the county
of Allegheny to purchase Poor Farm. There
is clearly no necessity to go out of the county,
as is shown by the affidavits filed in the case,
and as is well known to everyone reasonably
acquainted with the territory of this county.
THEY WENT TOO FAR.
If the city can go to Westmoreland county to
exercise this function of caring for the poor, it
might with equal power and authority pur-
chase land for the purpose in West Virginia or
Ohio. But the statutes are not merely silent
on the subject. So far as we have been able to
examine, the uniform rule in Pennsylvania
where it has been deemed advisable for a
municipal corporation to purchase or acquire
land outside its territorial limits, has been to
procure an express legislative grant OF the
power so to do, or to ratify or confirm it after
it has been done. The city of PittSburg and
the city of Allegheny have several acts of as
respective cities to purchase land for that pur-
pose in Allegheny county. In March ,lS43, the
"Overseers of the city of Pittsburg" were
to sell property and purchase
another within the county,"
In 1916 considerable part of the land now
held Poor Farm was purchased by Coun-
ellis, and by the act of March, lS47, their action
was confirmed. The act of Assembly, ap-
proved May Is, 1887. entitled IAN act relating
to the acquisition. purchase and sale of real
estate by the Boards of Guardians for relief
and employ of the Door in cities of the second
class" Pittsburg, was undoubtedly passed with
a view to the sale of the Poor Farm and build
ings in MIffiin township and the purchase of
other property for the same purposes. The
first section authorized the sale of the whole or
any part OF the farm occupied for poor pur-
poses. The third section authorized the Board
of Guardians to purchase. take and hold in
like manner any lands and tenements for Poor
Farm OF Poorhouse purposes within the
county in which such cities may be. The
third section provides that the money realized
from the sale of property as authorized in the
first section shall be appropriated to the pur-
chase and payment of new farm or site and
the erection of buildings thereon.
POWER OF COUNCILS LIMITED.
By the act of March %, 1877, the Poor
u H.
government 1t did not require legislation to
make it such. So stood tile law, when by an
act approved June II, 1857, entitled "An act
in relation to the government of cities of the
second Glass;" the duties of the Board of
was transferred to Councils and the
Department of Charities.
Section II enacts, "the Councils of said cities
shall have full power and authority to provide
by ordinance for the relief and employment of
the poor of said city and for that purpose shall
have power and authority to sell and purchase
real estate and improve and erect such i'm
provements as may be deemed necessary tor
their care and maintenance
Counsel for defendants contend that this Sec
tion gives Councils unlimited power to purchase
real estate without regard to locality. We are
of the opinion that. standing alone, it would
not confer any power on Councils to purchase
land for such purposes outside the city limits.
Also that the preceding acts cited conferrlng
power on poor authorities to purchase lands for
such purposes within the county of ALLEGHENY
is an extension and not a limitation on their
general powers to purchase and hold real estate,
and that the act of June "A 1887 is not con-
sstent with the other ac;s except in so far as it
substitutes the City Councils and Department
of Charities for the Board of Guardians The
City Councils have made an agreement to sell
the Poor Farm in Miffiin township, and very
properly intend to apply the proceeds to the
purchase OF another farm. But no approprIa-
tion of this or any of this fund has been made
for the purpose. We are of opinion that the
act authorizing the Board of Guardians to sell
and apply the proceeds to the purchase of land,
ETC.. in the county, is to be read in with and be-
comes part of the law transferring the duties
of the Board OF Guardians to City Councils
This view of the law renders it unnecessary for
us to discuss the other grounds of complaint set
forth in the bill and argued by counsel.
NO SUSPICION OF FRAUD.
If the provisions of the general act of April
Is. 1857, in force at the passage of the act of
May 25. 1887 and June IA, 1887, are applicable,
and the powers of sale and purchase are sub
ject to the general law and therefore to be ex-
ercised under direction of the Court of Com
mon Pleas 1t would alone be conclusive In
favor of the complainant.
Since the argument of this case and since
the preparation of the foregoing opinion, the
parties have very wisely, by their agreement in
writing duly filed, put the case in shape for
final decree. There is really no important
question in dispute, the evidence fails to raise
any suspicion OF fraud or cnllusion with the
veDder ON part of any city officer or want of
as usual question on which the witnesses
easily differ. There is therefore nothing in the
case but question of law. Let a final decree
for injunction be prepared as prayed for.
NEW CATHOLIC CHURCH
To be Dedicated the Southside In