Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-01-08
TERMS OF THE DISPATCH.
PITTsBUR2 :. THURSDAY. JAN. s, 1891.
THE CITY KNoCKED OUT AGAIN.

To say that the latest Supreme Court de-
cision declaring Pittsburg's street law un-
constitutional and void is a startling sur
prise would hardly be correct; for lawyer
and lavman alike have been lately educated
up to a tolerable knowledge of that Infinite
variety of our Supreme Court decisions
which apparently age cannot w1ther nor
precedents check. The case of the city is
nevertheless peculiarly unfortunate. In at
tempting to improve the streets, to make
them passable for traffic and comfortable for
residence, it has been hoored by the Supreme
Court with the fail of the Constitution at
every turn. The interesting question which
now arises is whether legal talent may be
found to draw an act of the Legls-
lature on street improvements through
which the learned justices cannot drive
coach and four, with rhetorical ease and
grace. Three separate statutes, beginning
with the famous Penn avenue act and end
ing with the one now declared Invalid, have
failed in their purpose. The curious point
about the last law is that it was submitted
10 several leading attorneys and even to
their approval as meeting constitutional re-
quirements. Even Judge of the Supreme
Court is said to have assisted at its accouche-
ment
What the Court SAYS, however, must be
taken for right. The conclusion that prop
erty owners are protected against interfer-
ence by special legislation with the ordi-
l.. Il, &la lA
woke to save themselves from unjust assess
ment seems reasonable enough; though the
hypothetical case which the Court elabor-
ates of frauds being possible under the act
BY getting up street Improvements on
forged petitions and perjured testimony,
and the whole thing-including, we sup
pose, the improvement itself-going on with
out any property owners on the street, e1-
cepting the criminal promoter, knowing of
it, surpasses not only, we venture to believe,
any actual experience but the most extrava-
CANT dreams of the fraudulently inclined.
However, there are many correct decisions
which commend themselves to those even
who are unable to follow their reasons given
for them. One of the difficulties in appre-
ciating the present declaration against laws
which are supposed to be special is that the
Supreme Court itself seemed to open the
door to them when it affirmed the constitu-
tionality of legislating especially for cities
OF the ''frst, i" second or third class, -
though the same thing could not be done if
the cities were designated simply by name.
1t appears to have been the affirmance of this
device by the court which has led the Leg
islature into those excesses of power which
the Court has ever since been kept more or
less busy trying to correct.
The local men of the law must have time
to get their brains in fresh working order,
we suppose, before the actual effect of this
decision will be fully apprehended. In
what shape it leaves the partially finished
and unpaid-for streets is a fine problem.
For the present it looks as though the gen.
eral treasury may have to foot the bill; but
this is not absolutely sure since later act,
that of 1889, corrected some of the points
which are declared unconstitutional in the
act of 1887. Again, the bulk of the inn
provement under the act of 'S7 has already
been paid for by the abutters who have
mostly been perfectly satisfied to defray the
cost of the original improvement of their
property. Another source of consolation is
that the Legislature is in session; and if any
one is able to prepare an act on street i'm.
provement which can hold water it can be
presented and passed before spring, so that
the city need not, as heretofore, stay in the
mud for years at stretch, because of having
no law for opening, grading or paving new
sfrepts