2 Pa. 218 | Pa. | 1845
— The question arising in this case is one of some interest to the inhabitants of the district, but happily of easy solution. It in truth is, whether municipal corporations are without check or control, so far as the pecuniary interests of the inhabitants of the district adjacent are concerned. The act under which the question arises runs thus : «That the board of commissioners” (the commissioners of the Kensington district) “ shall have full power and authority, upon the application of a majority of the owners of lots fronting on any street, road, lane, or alley, to pitch and pave such street, road, lane, or alley, within the said district; provided, the same, be not less in length than one, nor exceeding three squares at one time ;• and the property in front of which such street, road, lane, or alley, is pitched and paved, shall be taxed, for the expense of such pitching and paving, in proportion to the extent of the same in front.”'. By virtue, and by the authority of the act, the commissioners have undertaken to pitch and pave more than three squares at one time, and now seek, through the medium of this suit, to throw' the expensé of making the same on the owners of the property in front of which the improvements are.made. The extent of the excess is not stated, nor is it material, for the principle is the same, whether the surplus exceeds .the limits prescribed by three inches or three miles. The power to do the one necessarily involves the right to do the other. That the commissioners may, by virtue of their general powers, if they deem it conducive to the general welfare, pitch and pave the whole district at one and the same time, is not denied. The grant of this authority, as the legislature wisely foresaw, would not be so obnoxious to abuse, because, the burden falling on all, the check to any injury which might arise out of it w'ould be in the majority having an interest, and full power to control the action of the board.' But this is a case of special legislation, and we cannot fail to perceive the difference, when the expense is thrown (as in this clause) upon individuals who may be comparatively (as where they are non-residents) but little interested in the contemplated improvement. And hence it is, that in granting the extraordinary authority, the legislature has constantly limited and restricted the jurisdiction of the commissioners, by providing, that no improvement shall be lawful which exceeds three squares at one time. That the restriction assumes the form of a proviso, cannot alter the case, as the intention of the legislature, which furnishes the only safe
Judgment reversed.