171 Pa. 307 | Pa. | 1895
Opinion by
The first specification charges in substance that the ordinance, under which the paving was done, is illegal and void in [hat it was acted on and passed by the common council on the same day that it was sent to that body by the select branch, in violation of the positive mandate of section 3, article 4 of the act of May 23, 1889, P. L. 282, which declares, inter alia, that “ no bill shall be passed finally in either branch upon the same day on which it was introduced or reported.”
There is no question as to the facts of which this alleged illegality is predicated. It is conceded that the bill in question was introduced in select council on March 27, 1890. On that day it was referred to the committee on highways and sewers, composed of members of both branches of council, and ordered to be printed. On March 31 following, it was favorably reported back to select council, and on same day it was considered and finally passed by that body and forthwith messaged to the common council, which on same day took up and finally passed the ordinance. It thus appears that the bill, originating in select council, was properly referred, favorably reported, etc., and afterwards, on the fourth day after its introduction, taken up and finally passed by that body. In this, there was no want of compliance with the letter as well as the spirit of the act; but, as to the proceeding in common council,
We cannot assent to the suggestion that the almost conclusive presumption in favor of the constitutional regularity of proceedings of the legislative department of the government is equally applicable to the regularity and legality of municipal corporation proceedings. The cases are widely different. In the consideration of acts of assembly, etc., emanating directly from the lawmaking department, courts, as members of the judicial department, must necessarily presume that every constitutional requirement iu the enactment of such laws has been observed. A proper degree of deference is due by each department to each of the others. The limited power and authority with which municipal corporations, as agencies of the state, are invested, must be exercised strictly within the lines and limitations prescribed by the law making power.
In defendant’s ninth point, they requested the court to say:
It is unnecessary to pursue the inquiry further. The ordinance, under which the paving was done and proceedings had, is illegal and void, and that leaves nothing on which to rest the plaintiff’s claim.
Judgment reversed.