154 Pa. 24 | Pa. | 1892
Opinion by
By the first section of the act of May 23, 1889, P. L. 280, it is provided that “ any borough or township adjoining any city of the third class and being part of the county in which the same is situated may be annexed to such adjoining city in the following manner,” etc., etc. By the fourth section of the same act it is provided that “ Upon the application by petition signed by a majority or more of the taxable citizens, owners of any out-lots or sections of land containing not more than one hundred acres lying adjacent to any city of the third class and being part of the county in which the same is situated, to the court of quarter sessions of the respective county,” stating their desire to have the same annexed to the city, viewers shall be appointed,.etc., who shall make report, etc., and the court may make an order of annexation, etc.
It will be seen that power is given by this act to annex to a city of the third class either a borough or a township, or part
In the view that we take of the case it is not necessary to consider the constitutional questions which were raised and discussed in the arguments of counsel. We are clearly of opinion that there is no authority for the annexation of a part of a borough adjacent to a city provided by the act of 1889. The 1st section of the act provides for the annexation of a borough, a township or part of a township. The 4th section provides for the annexation of out-lots or a section of land containing not more than one hundred acres. We do not think we can regard this provision as intended to embrace any portion of the territory previously occupied by the organization and incorporation of an adjacent borough. It is enough to know that the language of the act does not embrace such a case, and as there is no necessary implication from the words used, that part of a borough was intended to be included, we cannot declare that the act can have such a meaning. We think it plain that the 4th section of the act was intended to provide for the annexation of a small section of land immediately adjacent to a city, not as part of a township, but distinc
The decree of the court below is affirmed and appeal dismissed at the cost of appellants.
After a very patient consideration of the extremely able argument of the learned counsel for the appellant in this case, we are unable to discover any sufficient reason for departing from our former opinion. The dismemberment of an adjacent borough, by a process of annexation instituted by an adjoining city, cannot be permitted except in the exercise of a clearly expressed power to that effect, conferred by an act of the legislature. We so held in Pittsburgh’s Appeal, 79 Pa. 317. We there said, “ No presumption can be invoked in favor of such a power, for it is strange and unique, and unless some legislative grant containing it, in terms, is produced, we must pronounce the exercise thereof, in the present case, a mere usurpation.”
Judgment affirmed.