Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-03-17
The Supreme Court Once More De-
cides Against the City of Pitts
burg and Its Street Laws.
AN OPINION BY JUDGE WILLIAMS.
He Sustains the Lower Court, and the In.
functions Issued Thereby, in Each
Of the Three Cases.
TIE UNFORTUNATE OUTCOME DEPbORED
One wsy Out Of the Dismns, and the Legslsturt
Must Furnish That

pected and anXl0usly awaited opinions o.
the court in the three Pittsburg street cases
The court decides the cases against the city,
and sustains the injunction in each case.
affirming the DEGREES of the lower court, and
dismlsses the appeals at the costs of the ap'
pellants. The court in its opinion deplores
the unfortunate predicament into which the
city of Pittsburg has been placed by the
street laws and suggests that the only
method out of it is the Legislature. The
opinion of judge Williams in the case OF
the appeals of the City of Pittsburg from
the decree of the Court of Common Pleas OF
Allegheny county No. l, reads as follows:
''These appeals are part of series OF
cases brought into this court in order to de-
termine the extent to which the city of Pitts
burg is affected BY the decision IN the ap-
peals of Wilbert, Engel, ct al made in JAN
uary last. The importance of these cases
to the officers and the property holders of
the CITY was such that we felt it our duty to
facilitate the final hearing. We accordingly
transferred them to the Eastern district, ad-
vanced them on the calendar and have
given them full and patient examination.
We acknowledge our indebtedness to coun-
eel for the results of this research, and for
the fairness with which they have, both in
their oral and written arguments, treated
the question involved.
The Two Questions That Were Raised.
1.-The court below enjoined the city against
the making of awards in favor of those dam
aged by the Improvements in progress, and
the assessment OF such damages with the
costs against property benefited, and also
against the collection of liens entered upon
such assessments already made. An appeal
from that decree raises two questions:
Fnst-Is the rule laid down in appeals of
Wilbert ct al to be adhered to? Secoud-If
so, are there not enough of the provisions of
the acts OF 1887 and 1889, known as "the
street acts, remaining to enable the city to
proceed with its Improvements at the ex-
perse of property benefited by them?
THE first of these questions was not seri-
ously pressed in the argument; two of our
brethren did not concur in all the reasons
for The judgment in the appeals of Wilbert
ct al, but they concurred in the judgment
entered. We think it stands on solid
IrOunOS, u
animation of it. Referring to it as the start
ing point from which to begin the examina-
tion OF this case, we will consider very briefly
the second question, viz: to what extent the
acts of 1887 and 1889 are. affected by the de-
cision in this case.
at will be seen upon looking into these
acts, of which we will speak as the "Street
acts" that they were intended to establish
system to be made use of by the city for
opening and grading streets and making
other municipal improvements at the e1-
pense of property in their immediate neigh
borhood, which would be increased in value
because of them.
A System That Formerly Prevailed.
"a somewhat different system had pre-
vailed previously. The foot-front rule was
in use in some portions of the territory en-
braced within the city limits; in other por-
tions this was not applicable, because the
property in them was rural in character
The street acts undertook to provide uni
form system and apply it to all improve
ments within the city. 1t was based on the
assumption that wherever one lot owner was
injured by taking his land, or by change of
grade in the street boundary, if it is either
side, some other lot owner was correspond
ingly benefited and ought, therefore, to paw
his neighbor's loss. Proceeding upon this
theory the street acts provided for prelim-
inary inquiry in every case where new
improvement was proposed, to ascertain
whether damage would be inflicted upon
any lot owner by improvement, if made,
and whether corresponding benefits would
result to other lot owners therefrom.
This inquiry was made by the Board of
Viewers. If they reported that the damages
would exceed the benefits, then, as we under |
stand the street acts, the prospect was for
the time abandoned. If they reported that
the benefits would be sufficient to pay dam
ages and expenses, then the city proceeded
to direct the Improvement to be made After
this was done the viewers made a detailed
estimate and award of damages, sustained
by those whose property was taken or in
jured, and report the same to city. The
aggregate of these awards, with ali the costs
and expenses, was then to be assessed upon
the property benefited. When the assess
ment was completed it was returned TO the
Councils for adjustment and collection, If
not paid on notice municipal liens were
entered against the property assessed, and
proceedings were taken to collect the same
by levy to and sale by the Sheriff.
An indispensable Adjunct of the System.
"The Board of Viewers is thus made an |
indispensable part OF the system. Without |
its agency no improvement can be under |
taken except by the city, and at its own
cost. An assessment of damages cannot be |
had except through the action of the Board |
of fViewers-the assessment of benefits must |
be made by it. The report of the board is |
the basis on which leins for the sums as |
Bessed or benefits must rest when the work |
OF the Board of Viewers is taken out of the |
system. All that depends upon that work |
goes with it and the system itself is liter |
ally eviscerated.
"The lew detached and unrelated sections |
that might remain are without significance |
or value and ought not to survive the |
system to which they belonged. The system |
provided by the street acts must fall as a 1
whole. The way will thus be clear for the |
enactment of street law for cities of the
Second class.
AS nothing remains of the system pro-
Vided by the acts of 1887 and 1889, il is
hardly necessary to say that its authority
cannot survive for any purpose. All the
preliminary reports made by il fall, and |
no improvements can be ordered under
them, all the assessments of damages and
Dement'S fall, and all the uncollected liens
entered upon these assessments go with the
assessments. All work done or to be done
upon these improvements, as the law now
stands, must be paid for BY the city; all the
damages inflicted upon lot holders must be
from the city.
No Escape Except in Legislation.
"There is no possible escape from the
dilemma in which .he city is placed bE the
1ao .,;o 80 /
cept through the Legislature, and We have
haste IN dirnosa nf these oasae IN ardar |