The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-05-15
OPINION In THE
SCHOOL BOARD CASE

the third class (citics OF the first and second
classes having already their own peculiar sys-
temp arc wise as a legislative, not as a Judicial
question. The act las stood on tho statute book
without challenge for nearly a quarter OF cen
fury, and millions of dollars of school funds
have been collected and dishursed under its pro-
visions. While these are not reasons for rcfus'
ing to declare it void, il in the contravention
of the constitution, yet they are strongly per-
suasivc that the act is not SO clearly unconsti-
tutonal as it should be shown to be to make
our duty now to set it aside Sugar Notch bor-
ough 192 Pa. $40, 35s.
THE MATTER OF TITLE.
Objection is also made to the act on the
ground that its title gives no indication Of its
contents in regard to school districts. The case
was argued and treated both in the court below
and here, as resting or the act OF 1874, and for
convenience has been considered up to this
point. But with reference to this second OBJ
lection, it is important TO remember that the
act upon which the case rests is the act OF
June 16, 1891 L. l.. 3O6. It is true that it is
as it purports to he, amendment of section
Al of the act Of 1874, but it is a substantial re-
enactment with some changes, and is a complete,
independent and self-sustaininG statute, and its
title, an act to amend the forty.hrst section,
etc., sin respect to the representation in boards
Of school controllers" etc, gives explicit notice
of the subject intended to he legislatcd upon.
Counsel for appellant have referred us to sew
cral decisions in other states upon substantially
similar constitutional provisions, and they APP
pear to he in entire harmony with our views
herein expressed, but it is not necessary to do
more than refer to them in this general manner.
In Difference to the Importance of the question
and the clahorC'o opinion Of the court below,
the writer has carefully re.read and compared
all of the numerous decisions of this court on
in artip oil of ko
constitution. Our present views arc not in con.
hict with anything that was decided in any
of them, though occasional expressions are TO
he met with that indicate some uncertainty and
perhaps even some variation in the views Of the
writer's of the opinions. This was to be ex-
pected.
The constitution of 1873 was new departure
in the history of the law. Instead Of being con-
fined in accordance with the traditions Of
American institutions, to the framework Of the
government as composed OF general and fundf-
mental principles, it converted into bind
ing code of particulars and details, which had
previously been left to the province of ordinary
legislation. And the ruling motive with which
we are now specially concerned was profound dis.
trust of the legislature.
PATH NOT CLEAR.
As pointed out by Brother Dean in Perkins W..
Philadelphia, 1866 Pa. 554, article third contains
sixty specific prohibitions of legislation. besdas
other restrictions and regulations not absolutely
prohibitory. Through these the pathway for
honest and desirable and necessary laws even yet
is not always clear, and it inevitable that
there should he some uncertainty and even di-
, vergcncef rom the views of judges thus forced
to enter an untrodden and difficult Geld.
But, as already said there is conflict between
what we now hold and anything we have here.
tofore decided. And the only case which is in
apparent opposition is Chalfant VS.. Edwards, l73
Pa 2l6. That case was rightly decided on its
facts shown in Sugar Notch borough, l92
Pa. $40, S57, but much Of what our late Brother
Williams said in the opinion was by way OF
historical review of the public school system,
rather than Of discussion of constitutional pow
ers, and the authority of the case must be
strictly limited to what it decided. So limited,
it is in line with all of our cases the sub.
| ject including the present.
The evil at which the prohibitions OF article
third were directed was the interference Of the
legislature with local affairs without consulting
| the localities and the granting Of special privi-
| leges eXmptions to individuals or favored To-
calities 1t was said by Sterrett j. in Ayar's
| Appeal, l22 Pa. $685. that "during the session of
| the Legislature Immediately preceding the adop.
| tion of the present constitution nearly one hun
dred and fifty local or general laws were enacted
for the city OF Philadelphia, more than one.
| third that number for the city of Pittslurg aud
| for other municipal divisions Of the state about
| the same proportion. This was by no means cS.
| ceptonal." A eursory examination of the pam.
phlet laws Of 1873 shows that less than thirty
one of these local laws relating to Philadelphia
were acts over the heads of councils AMI tue
courts, directing the opening, paving or vaca
| tion of particular streets by name.
DIFFICULTIES OF COURTS.
This is a fair specimen of the kind Of local
| and special legislation that was the real evil to
| be corrected, but owing to the breadth of the
| language used, perhaps, somewhat due to the
wrathiul zeal with which the convention attacked
| the subject, the courts have had difficult task
| TO enforce the constitutional restrictions fully,
| even "sternly," as was said in Morrison versus
| Bachert, liz Pa. 322, without carrying them far
| beyond the real evil intended to be remeded,
| and making them a chain of fetters the jus,
requirements of special communities aud locall-
| ties. In a forcible but very temporarily wordad
report by the committee local and special
| legislation to the State Bar association in July,
1892 it is very justly said: 1T is neither safe