The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-02

referred to by Chief Justice sterrct, this one
alone has been the object OF constant attack
and has constantly been sought TO be evaded.
both IN the Legislature and the courts. This TACT
| is in itsel; sufficient evidence OF the CALLING
and buryicnsomo character Of the restriction.
HUNDREDS VETOED
without seeking 20 be exact, IL is safe TO say
| that since 1874 hundreds Of acts OF assembly
| have bcen vetoed On the ground that they were
| in violation OF this prohibition OF the coDsttu-
| tion, and almost as many have been declared
unconstitutional by the courts. II is neither safe
| nor fair to set down the continual efforts 10
escape the constitutional prohibition to the per-
| versity Of the people or the wiliulnes Of the
legislature ON the contrary they demonstrate
the deep seated and general discomfort upon
the part Of the municipalities of the state with
| the restrictions imposed by the constitution.
| II Is unnecessary for your committee address.
| ing a body Of lawyers, to present any extended
review Of the rulings of the supreme court upon
| this particular prohibition Of the constitution.
| short year after the constitution went into effect
| the court was confronted with the problem arts.
| ing out Of the practical impossiblity that pre-
cisey uniform legislation could be adopted Tor
| all cities Of the commonwealth, large and small,
| and In order that the prohibition might not
| paralyze all legislation for the benefit relief
of the cities Of the state, the court was forced
| to recognize the power Of the Legislature to
| classify cities, n power which had been as
sumed and exercised by the legislature in the
act Of May 23 1874, providing for the incorpora.
tion and government of cities and dividing the
| cities Of the state into three classes, q most
admirable piece of constructive legislation,
| framed by the late lamented Senator Wallace.
| and commonly known as "Thc Wallace Act
| wheeler VS.. Philadelphia, ~ Pa, 33s)
The power of the legislature to classify cities
according to population having thus been rccog'
nizcd and confirmed, the logical inference which
| the Legislature and the municipalities affected
were not slow TO draw, was that classification
Of other municipalities and classification upon
other bases than that Of legislation and class,fi-
| cation Of cities more numerous than three would
| be equally permissible. The consequence was the
| opening OF Pandora's Box OF special acts under
| the guise Of general laws, which for years agi-
tatcd the municipalities and flooded the courts
with litigation, until the supreme court, speaking
! by Mr.. Justice Paxson, in the case of Morrison
vs.. Bachert, ll2 Pa, 322, felt il necessary to use
| the following language referring to this provision
| Of the constitutions: sit is our purpose to adhere
| rigidly TO that instrument, that the people may
| not be deprived OF its benefits It ought to be
Unnecessary for this court TO make this judicial
declaration, but it is proper to do so in view
of the amount of legislation which is periodically
placed upon the statute books in entire disrc-
| gard Of the fundamental law Much of this legis.
| lation may remain unchallenged for years, only
| to he overturned when it reaches this court.
| In the meantime parties may have acted upon
| il, rights may have grown up and the incon
ycniences and losses entailed thereby may not
be inconsderable. As view it, this note
Of warning at this time is needed"
ITS SINCERITY.
There can be no doubt OF the sincerity of the
! court in making this sweeping declaration. In
| view OF some Of ts more recent decisions doubt
| is however suggested whether a more complete
| acquaintance with the ''inconyenienccs and losses
! entaled thereby has not somewhat weakened
! the heroic resolution of the court. For eXan
| pie, the court in the case Of Chalfant VS.. Ed
wards, 173 Pa, 2i6 in declaring unconstitutional
| certain acts consolidating districts and regulating
affairs in cities of the second class, appeared 10
have determined most dccisiyely that clasSfca-
| tion of school districts was not permissible, yet
| when confronted with the serious effects OF this
ruling TO the schools in cities of the third class
some Of which had been operated for twenty
years or more under the provisions Of the act of
1874, the court has been much embarrassed
| that the case Of the Commonwealth cv rel. Fell
| VS.. Gilgan, involving the organization OF the
school district Of the city OF Pittston. in which
| the lower court followed Chaiant vs.. Edwards
| has been argued and reargucd and upon an equal
| ly divided court is now waiting third arg,i.
| mcnt.
II would be instructive to review the cnors Of
cities Of the third class by conferences, couvon-
tions and delegations to the Legislature, to Sc.
| cure such legislation their growth and cN.
| pcricncc demanded, but the necessary limta.
tions upon such a report this precudcs il. It
| is sufficient to say that the individual cities
have been compelled in such joint efforts t.
compromise by giving mp many provisions which
seemed locally important; that the legislature
has often reformed provisions which had been
fully agreed upon by the representatives, of the
cities and that upon the last occasion. 1897,
when all the cities had agreed upon certain pro.
visions which they thought it important should
be grated upon their charters. and had sue
| Ceedcd in passing them through the legislature.
the whole effort was frustrated by the interpoSi-
tion Of the executive veto.
II is evident that in the constitution oi ls1&
the pendulum swung to its utmost limit in the
matter of special legislation, and while it is not
desirable that it should swing back again to
the other extreme, it seems clear to your com.
mttec that some relief should he given to the
manifold Inconvenience and limitations occa.
stoned thereby,
SOME PARTICULARS
To specify a few Of the particulars in which
the result of these constitutional prohibitions
are unsatisfactory and INJURIOUS we name th,
following:
First--Whilc the purpose of the constitutional
provisions was TO prohibit local and special leg.
islation absolutely in the majority of cases, and
to require in excepted cases the publication of
notice OF any such legislation proposed TO be
adopted the effect of classification has been to
leave the legislature free to pass local and
special legislation with reference to the city Of
Philadelphia the only city Of tho first class.
and for the twin cities of Pttsburg and Ale
gheny, the only ones of the second class, without
any notice whatever.
Second-The cities of the third class, now
numbering about twenty-five, are compelled Ia
adapt themselves to rgidly unifrom system,
which is not altogether agreeable to any and
extremely cumbersome to of the mum.
Der.
Thrd-This results, as TO cities of the third
class in a condition which may well be de.
scribed as that of arrested development. The
problems involved in the evolution of municipal
government are among the most weighty and
serious which now engage the attention of pa
triotc pubicists. In order that the efforts all
more or less diverse and experimental, to i'm,
prove municipal conditions should be success
ful, IL is necessary that there should be som,
degree Of freedom for independent action. A.
to the cities OF the third class in this state
such freedom is absolutely precluded
Fourth-The principle Of home rule for cities
which has come to he recognized a valuable
right and are most jealousy guarded, receive.
no recognition whatever in the present sys
| TEN.
Fifth--AS at present interpreted the admin
istration of public schools in all of the cities
boroughs and townships varying almost ninitel,
in their population, area and social and com
mercial conditions, must be absolutely uni
form
WOULD AFFORD RELIEF
The constitutional amendment which you
committee recommends is designed 10 afford relic