The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-13

10 Pa 23l, the court below prepared schedule
Of rates for all classes OF consumers, which it
directed the company to follow. The Supreme
court held: %, that the court had no power
to prepare a schedule Of rates and enforce its
observance by the company; (2) that it was the
duty Of the company in the first place to pre-
pare schedule of rates, and il customer was
aggrieved thereby he could petition the court
and have the rates decreased if improper
II the court. having authority over the sub
icct matter, cannot make a general schedule OF
rates, how can the councils of city, who have
no authority make one by ordinance or in any
other way?
The questions to be considered by the court in
determining the reasonabcneSs Of water rates
stated by us at length in the case Of tine
city Of Wilkes Barre vs. Spring Brook Water Co.,
I Lack L. News, 367.
We have SO far considered the method provided
by the legislature to protect the consumer against
the excessive charge Of a water company; but
the legislature has gone farther and has pro-
vided way by which, under certain conditions,
a city can acquire its own water works. city
could not do this without express legislative au.
| thority It has no implied power, from the mere
fact Of its creation. TO engage in the business
Of supplying its citizens with water for pay:
White vs. City Of Mcadylc, supra. 1t is not
necessary to cite the various legislative enact
mcnts comforting authority upon municipalities
to supply water to their citizens. II is enough
for us to state that whatever power city has
in the matter is given 10y express grant and not
otherwise,
The only remaining question involves the inter.
probation OF the general welfare clause in the
act Of lsS9, relating to cities OF the third class,
Scranton being in that class al the time the
ordinance referred 10 in this was passed
The clause is follows:
In all ,trL nrli b,..la rrla
aud regulations. not inconsistent with the con.
stitution and laws of this commonwealth, as
may be eNpcdicnt or necessary, in addition 10
the spccial powers in this section granted. for
the proper management, care and control of the
city and its finances, and the maintenance of the
peace, good government and welfare of the ctv,
and its trade, commerce md manufactures. and
the same to alter, modify and repeal IT pleasure;
aud to enforce all ordinances by innCtng pen,
alties upon inhabitants or other persons for the
violation thereof, not exceeding one hundred
dollars for any one ofcnse, recoverable with costs,
together with Judgment or Imprisonment not OK.
cccdng thirty days, il the amount Of said judg.
mcnt and costs shall not be paid"
The strictly municipal functions mentioned in
the above clause are, % the proper management,
care and control Of the city and its finances;
CO.. the maintenance NJ the peace, good gov.
crnment and welfare o' the city; (3), the main.
tcnancc Of its trade. commerce and manufactures
Ordinances may be passed regulating such matters
"in addition TO the special powers in this etc,
ton granted" But clause i3 covers all the
special power" the legislature intended to con-
for upon the city in connection with water com
panes or supplying water to the public so far as
these powers arc enumerated in article of the
act of 1850, defining the corporate powers OF the
city,
GENERAL WELFARE CLAUSE
We do not see how it il possible by anv method
of reasoning or rule OF construction to Justify
the ordinance passed by the scranton councils
general welfare clause. The contention that such
authority turks therein is unfounded and clearly
fallscious. 'rhc powers Of corporation must
he given by plain words or by necessary impi.
cation, All powers not given in this direct ami
unmstakablc manner tue withheld A corpora.
tion can take nothing by constructions" Com
vs.. Erie 4 \. F.. II. r. Co., 2 Pa, S3D
II Is general and uudisputed proposition oi
Law that a municipal corporation possesses and
can exercise the following powers, and no others:
First, those granted in express words; second,
those necessarily fairly implied in or Incl.
dent 20 the powers expressly granted; third,
those essential IN the declared objects and pu-
poses uf the corporal On--not simply Convenien'
but indispensable. Any fair, reasonable doubt
concerning the existence of power is resolved by
the courts against the corporation, and the power
is denied Of every municipal corporation the
charter or statute by which it is created is its
organic act Neither the corporation nor its Of
hCers can do any act, or make any contract, or
incur any liability not authorized thereby, OF by
some legislative act applicable thereto Al acts
beyond the scope OF the powers granted are