The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-05-15
1T Is A CLASSIFICATION.

The most cursory examination Of this act dis.
closes that it is pro- tanto a classification OF
school districts, which by previous law as well
as by its provisions cotcrmnous with the
cities being legislated for. At the date of the
act the constitution was just adopted, and its
restrictions the forms Of expression of legis.
lative meaning we're not prominent in the
minds OF legislators as they have since become.
Hence the necessity for express classification
was not specially apparent. But the legislative
intent is clear, and there is nothing unconstitu-
tional in it, In Lloyd VS.. Smith, 176 Pa 2l3, it
was said that the principle was established that
a law which does not exclude any one from a
class, and applies to all the members of the
class equally, is general. The principle
must make classification constitutional to the
other political and municipal divisions of the
state when considered in their governmental ca.
pacity
Classification Of counties is, therefore, as per.
missible as classification of cities, and the legis
lature may determine what differences in situa
tion, circumstances and needs calls for differ
ence in class, subject to the supervision of the
courts as the final interpreters of the constitu
tion, to see that it is actual classification, and
not special legislation under that guise." And
the test in this respect is not wisdom, but good
faith in the classification. Seabot VS.. Commrs
1S7 Pa. 3ls II has already been held in Sugar
Notch borough, l02 Pa. 3i0 that 'thcre is no
constitutional objection to the classification of
school districts any more tnan OF cities.
Both are included in the same clause Of the
constitution prohibitory of local or special egis.
lation, and there is no argument against CLASH
fcstion of any one that is not equally forcible
against the other" What is classification?
With reference to the present subject, it is the
grouping together for purposes OF lgislation Of
communities or public bodies which, by reason
of similarity of situation, circumstances, re-
quirements and convenience, will have their pub
lie interests best subservcd by similar regula.
tions.
THE NECESSITY.
II is said that classification is only sustained
the ground of necessity. But the necessity
spoken of by this court in Wheeler vs. Phila-
delphia, n Pa. 1898, the necessity of escape
from the intolerable inconvenience of uniformity
of regulations under circumstances and needs
essentially different. And in general, with ref
erencc to public matters and legislative usage,
necessity means great urgent public con-
venience Thus viewers under the act of June 10,
1886, are required to examine and report whether
the road desired be necessary for public or
| private road" etc,
1t cannot be contendcd that anything more
| is meant than public convenience. And many
| other illustrations might be given TO the same
effect. The strictest definition Of necessary to be
| found in the books by Sterrett }. in Ayar's Ap.
| peal 122 Pa. $780, PSI, is not essentially different
ia necessity spring from manifest peculiarities
| clearly distinguishing those of one class from
| each OF the other classes, and imperatively de.
manding legislation Tor each class separately that
| would be useless and detrimental TO the 9th.
J ers. They are general laws because they
| apply alike TO all that similarly situated as
| to their peculiar necessities"
| Inc casslhcaton of school districts intended
J by the act of 1874 is upon lines of distinction
| genuine and as fundamental its classification
| of cities themselves. Both cities and school
| districts exercise functions which are govern
| mental in character, and they necessarily run
| closely together. The legislature may recognize
this fact and provide for the regulation Of the
| two powers conCurrently in the same territory
| so far as they relate to the similar mat
| ters, so that the same governmental functions as
| for instance the supreme power of arbitrarily
taking the citizens property by taxation, sha
be exercised harmonousy over the inhabitants
| Of the same district.
| An illustration Of this principle may be found
| in the act of 1854, which has worked so wei
in practice that for nearly half a century it ha'
been the basis OF all the statute law on tn,