The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-05-15

nor fair 10 set down the continual efforts to
escape the constitutional prohibition, to the
perersity Of the people or the wllfulness Of
the Legislature. On the contrary, they demon
strate the deep.sented and general discomfort
upon the part Of the municipalities OF the state
with the restrictions imposed by the constitu'
ton" 8 Annual Rep. Of Pennsylvania Bar asso-
citation. 1877
Undoubtedly many acts have been passed
whose trainers were astute to cvade the constitu'
tional prohibitions These the courts have al
ways unhcsitatngly struck down. and may safely
be relied on 10 continue to do 20. But where
the legislative intent Is not TO evade the re-
strictions the courts are not required 20 he
astute in extending them over cases not really
within the evil prohibited, though the form may
have the appearance Of coming within the literal
words Of the constitution. A very signal illus.
tration Of this principle is found in city o.
Reading w. Savage, 100 Pa. 1os The ar c'
May 23 1874, section 81, p L.. 260. authofi' ed
cities Of the third class, by ordinance ~ com
ellis, to accept the act and thereby acquire the
powers Of city incorporated under the act
The City OF Reading having passed sucn an D.
dinance, acd a municipal lien for grading, etc,
and its authority being disputed, tho court be
low held that section Of the act Unconstitutional
on the ground that the act WAS not binding on
all cities OF the class, saying: "it IS +hc com
pulsorly binding character OF the law upon all
alike in the classification that gives 1t constitu'
tional life." On appeal this was affirmed per
curiam.
WAS LOCAL IN FORM
That section Of the act was local In form,
as it did not apply to all cities Of the class.
and the court took this vew.Doubt having
arisen, however, the court ordered a re.argument
and reversed its first ruling on the ground that
the act OF 1874 being general act for the
futur, incorporation OF cities, the provisions NJ
section 81 allowing cities Of the third class
already existing to come into the ee ier,l class
did not In any way make the act local or special,
the present chief justice saying cities "that do
not embrace the opportunity simply remain as
they were before, and all that do embrace il
become members OF the class > regulated
by general law
There is no possibility OF any e,e else Of the
powers privileges conferred by the 1ftysev'
enth section which can work afirmatively local
or special result. Whatever is lone by virtue
Of this section simply converts that which wa:
or might be local or special into that which is
general" City Of Reading VS.. Savage, 1874 Pa
32S, 1885, Other Illustrations will be found In
Evans vs. Phillippi, III Pa 226 road in Chelt
enham, 1i0 Pa. 1856; and Bennett W zen, III
Pa. o21, particularly the remarks of Rice, p.
j.. on statutes local in form, but not in intent
violative OF the constitution, pp 2367.
It may therefore be taken settled law !hat
In cases Of this character the courts will look
beyond the mere form Of the act aui examine
Its true intent and effect, in the lignt Of the
purpose Of the constitutional restrictions.
Judgment reversed and judgment catered fol
defendants (sppellants), with COSTS