12 Pa. 318 | Pa. | 1849
Dec. 18.
By the 11th section of the Act of the 16th March, 1819, incorporating “ The Commissioners and Inha
With this full and plenary power granted to them, to be exercised for the benefit and welfare of the inhabitants, it will not admit of question, a general authority is conferred to prevent the opening and digging up paved streets in the district, except in the manner, and at times, to be prescribed by them, and that a general ordinance, such as the one in question, would be valid, as well against the Gas Company, who stand in the same category as inhabitants, as against any other person or persons whatever. The ordinance, which is for a limited time merely, is a regulation, and not a restraint of trade, as is clearly shown by all the cases cited. Nay, it may be absolutely necessary to prevent an obstruction or stoppage to the trade of the district, of which as well the public as the inhabitants or others having commercial relations with them, would have a just right to complain. If, then, this he an undoubted authority expressly granted to the corporation, for the purposes stated, it remains to inquire, whether this power is restrained, altered, or impaired by subsequent legislative enactment. The plaintiff in error contends, that the ordinance conflicts with the 8th section of the charter of incorporation- of the Gas Company. [His Honour here stated it; see antè, p. 318.] It is contended this section overrides and annuls the general power given to the municipality for the regulation of streets and highways, so far as regards the laying the pipes for the distribution of gas. But we do not so understand the charter of the Gas Company. There is nothing, that we can perceive, inconsistent in the powers claimed by both. It is conceded, that the district cannot, on the ground of the public welfare, pass an ordinance which conflicts with, adds to, or controls the provisions of the charter granted to the Gas Company; and no person doubts the power of the legislature to restrain or alter, as they may deem proper, the provisions of their charter. But where, in a subsequent act in favour of a private corporation, it is sought to control the general powers before granted to a public corporation, the intention of the legislature ought distinctly to appear. Any ambiguity in the grant must be construed against them, and in
Although it does not form part of the case stated, we have been requested by both parties to give the opinion of the Court on the 3d section of the same ordinance, which prohibits the Gras Company or any person or persons to dig up any paved street within the district, in order to introduce the gas into any premises on the opposite side of the' street to that on which the gas mines are laid, without permission from the board. The effect of the ordinance is, to compel the company to construct two mains, one on each side of the street, instead of one, thereby materially increasing the expense
Judgment affirmed.