The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-05-22
ORDINANCE WAS VALID,
Supreme Court Says the West Lacka-
wanna Avenue Viaduct Can
Be Built.

Below Is given the opinion of Justice
Mltchell OF the Supreme court in the
Vladuct case. 1t shows that the clty
can build the viaduct provided for in
the ordinance attacked in the equity
proceedings. That ordinance directed
that Viaduct stretching from curb to
curb be erected on West Lackawanna
avenue from Seventh to Ninth streets.
The opinion:
Ihe general scheme Of the constitution with re.
gard to the amount of municipal indebtedness il
clear. Section eight of Article nine divided such
Indebtedness into three classes, considered with
reference to amount, first, debt exceeding seven
per cent. OF the assessed value of taxable prop.
rty, which is absolutely prohibited, except as
70 cities whose debt exceeded seven per cent. at
the time Of the adoption of the constitution; sec.
ond, new debt, or increase Indebtedness by the
municipal authorities, which is permitted TO the
extent OF two per cent. OF assessed value; and
third, new debt or increase OF indebtedness ex.
ceedins two per cent. but less than seven per
cent OF assessed value, which il permitted with
the assent of the electors at public election.
The words OF the section with which we are
directly concerned are: 'Nor shall any mu.
nieipaty or district incur any new debt or in
crease its Indebtedness TO an assessed valuation OF
property without the assent OF the electors there
Of This, though limitation on the power OF
creating debt is also recognition OF its exist
ence The power to raise and spend money for
public purposes is u necessary attribute OF ell
governments, and in our system has always been
exercised by the legislative branch Of municipal
titles under such regulations as the legislature OF
the state has prescribed. The constitutional pro.
vision puts limit on the power and on the leg.
islatures authority to confer it, but at the same
time is recognition OF the power as exercised
by the municipalities.
Hitherto it had been without limit, not only
as to amount of expenditure but also as to time
and mode Of payment 1t is still without limit as
to amount Of expenditure II paid Or means Of
payment provided at the time. but beyond two
per cent. OF assessed value 1t cannot be author-
lied as debt for the future without the assent
OF the electors obtained at a public election.
The result OF the provision is that the municipal
authorities charged with the raising and spend.
ing of public money incident TO the current ex.
penses OF the government still have the same
power to the further limit OF seven per cent. IL
authorized by vote OF the electors.
The immediate necessity for money in the ad-
ministraton OF the municipalities affairs may
vary from day to day and the mode OF meeting
IL was not intended to be taken out OF the discre.
tion OF the ordinary municipal authorities up to
the prescribed limit fixed as sufficient to provide
for ordinary requirements. But when an extra.
ordinary occasion or demand arises requiring more
than two per cent, then the assent OF the voters
must be obtained, and II will be sufficient up
to the prescribed limit of seven per cent. The
oIder in which these powers may be exercised Is |
not prescribed and is not material. What tho Sec
tion is concerned with is the amount OF the in |
debtedness OF each class, not the order in which
1t Is incurred.
1t was found as fact by the learned Judge
below that at the time the ordinance In oues
ton was passed the debt OF the city was more |
than two per cent. OF the assessed value Of tax.
able property therein, but that part OF the debt |
had been authorized by vote Of the electors and |
II this were deduced from the gross amount the