The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1894-08-24

| states tnlS prlnClple 1OrClDly IN the
! case of Com. VS.. RR. Co., 81 Pa. St.
$50, where he says: That which a
| corporation is authorized to do by its
act of incorporation it may do be-
yond that all its acts are illegal. And
the power must be given in plain
words or by necessary implication.
All powers not given in this direct
and unmistakable manner are with
held. If you assert that corporation
has certain privileges, show us the
words of the Legislature conferring
them. Failing in this, you must give
up your claim. A doubtful charter
does not exist because whatever is
doubtful, is decisively certain against
the corporation"
Therefore, if the town through its
Council has the right to purchase real
estate for public park, that right
must appear in the charter, and it
must appear by plain words or by nee
essary implication. Ingenuity, logic or
inferentlal reasoning will not avail us.
Turning, then, to the charter, we
find therein nothing relating to the
purchase or leasing of real estate by
the town, except as contained in
division Nv of Sec. of the Act of
April 3, 1851. Clown Laws, page I2).
This provision provides that the town
shall have power "to hold, purchase
and convey such real and personal
estate as the purposes OF the Bor-
o"9h shall require.
| Under this clause the town may
( not hold such real estate as might, in
the opinion of the Council, be simply
convenient, advantageous or agreeable
to the citizens. Its real property is
confined to such as the Borough pur-
poses require. AS we take it, Borough
purposes are such as relate strictly to
Corporation, municipal purposes or
the purpose of the town government.
For instance, it has been decided that
under this clause Borough may own
gas works to light its streets, water
works, town halls, fire-engine houses,
engines and other fire apparatus, and
the horses with which to pull them,
the implements needed for repairing
streets. lookup, the furniture for a
town hall, the books in which the
ordinances are recorded, and the like.
(See Trickett on Boroughs). 1t is
property of this character which was
meant by the words "such as the
purposes Of the Borough shall require. +"
We do not believe that pleasure
park can be included in this clause of
our charter. If purchased at all BY
the town it would be purchased mere
ly as convenience, a pleasure or a
resort for the citizens, but it could
hardly be said to have been required
by any borough or municipal purpose,
nor could its purchase as sanitary
measure be required in the present
state and condition of the town.
1t may be urged that this is too
narrow construction OF our charter,
but, as | have already said, all charters
must be construed In the strictest man
ner. Not the least shadow of liberality
is allowed us, and that this is a wise
and salutary feature in our jurispru-
dence is attested by the entire history
of municipal government. Remember
ing the words of Judge Black, that all
powers not given in a direct and un-
mistakable mannerare with held, we
arc clearly of the opinion that the first
question submitted to us must be
answered in the negative.
Such a conclusion renders unneces-
sary any discussion of the inability of
the town to make such lease or pur-
chase on the ground that it would in
crease our Indebtedness beyond the
lawful limit.
| This brings us to the consideration
of the second and more intricate ques.
ton, viz the towns liability on the
former lease with the Land Improve.
ment Company, dated July IL, 1899,
and its renewal, if it was renewed. In
!! the discussion of this question a briel