11 Pa. Super. 31 | Pa. Super. Ct. | 1899
Opinion by
Had the case of Borough of Ridley Park v. Electric Co., 9 Pa. Superior Ct. 615, been reported before the preparation of the arguments in this case much of the discussion would possibly have been omitted. As was there said and repeated in the opinion filed this day in the case of Borough of North Braddock v. Telegraph Co., boroughs may impose a license fee upon poles and wires of electric light companies in the exercise
This is not tenable ground. There was no attempt made by the parties to contract against the subsequent imposition of a license fee, and had there been, it would have availed nothing. A municipality cannot waive or bargain away the right to exercise of police powers delegated by the state : McKeesport City v. Pass. Ry. Co., 2 Pa. Superior Ct. 242, 249.
The appellant further contends that the passage of two later ordinances consenting to the entrance of a telephone company and a railway company upon its streets and imposing as a condition of such consent the payment of a fee of $1.00 per pole (and no fee based on mileage of wire) in the case of the telephone company and $1.00 per car in the case of the railway company, works a discrimination which invalidates or repeals the ordinance imposing the license fee (here in controversy) on all telegraph, telephone, railway, etc., companies. We cannot assent to this. There is no reference to the license fee imposed by virtue of the police power in the two ordinances referred to and the payments imposed by them are conditions tacked to the consent to occupy the highways. The two ordinances do not in our opinion necessarily conflict with the license ordinance.
We have been unable to find any sufficient reason presented by the appellant for the reversal of the court below. The judgment is therefore affirmed.