162 Pa. 55 | Pa. | 1894
Opinion by
The title of the act of Jan. 28, 1873, P. L. 100, is as follows • “ An act authorizing the town council of the borough of Car-lisle to establish a board of health.” The first section of the act directs that the town council of the borough of Carlisle shall appoint a board of health to consist of five persons to serve for one year, and also directs the manner of organizing the said board and their meetings. The second section prescribes the powers and duties of the board; the third section directs the publication of the regulations and orders of the board, and the employment of all such persons as shall be necessary to enable the board to carry into effect the provisions of the act, and the regulations and orders which may be adopted, and fix the compensation of the persons employed by them. This section also directed that the expenses incurred by the
The fourth section provided penalties for the violation of, or neglect to obey, any order or regulation of the board. The fifth and last section provided that the board of health then acting should continue in existence until a new board should be appointed.
- It will be observed that although the board of health thus provided for, was to be appointed by the town council of the borough of Carlisle, all the expenses incurred under its authority were directed to be paid by the county of Cumberland. The commissioners of the county are not entitled to any participation in the adjustment and determination of any of the expenses incurred by the board of health, nor have they any power of correction of bills which might be subject to criticism, or which might be regarded as excessive or unreasonable. Their duty is simply ministerial and mandatory. They are absolutely required to pay the expenses,when audited and adjusted by the board of health and presented to the commissioners. They have no control over the board of health, nor any right to have a hearing in the courts as to any bills which they might deem objectionable.
Now, while it is probably competent for the legislature to enact such laws, it is their duty,and their constitutional obligation, to give notice in the title of such enactments,of their intention to impose such liability upon the municipal organization which is to be affected, and if this duty is neglected, such legislation is contrary to the requirements of the constitution and therefore void-.
Thus in the case of Road in Phœnixville, 109 Pa. 44, we considered an act, the title of which was, “ An act relating to boroughs in the county of Chester.” It was passed March 18, 1868, P. L. 352, and was subject, as is the act. of 1873 in this case, to the constitution of 1838, which contained in article XI, sec. 8, the same provision that is contained in the constitution of 1874, article III, sec. 3, with a slight transposition of a few words in the latter. The provision in the constitution of 1838 was, “ No bill shall be passed by the legislature containing more
The decision in the fox’egoing ease is directly applicable and controls the present contention, and we therefore hold that the act of 1878 is unconstitutional axxd void,in so far as it imposes the duty of paying the expenses incurred by the board of health of the borough of Carlisle upon the taxpayex-s of the county.
While this decision disposes of the substance of the present coxxtroversy it is perhaps desirable that we should say we thixxk that the general law of 11th May, 1893, P. L. 44, repeals the special act of January 28, 1873, heretofore considered. It is, as its title imports, “An act to enable borough councils to
If the act qf 1873 is not repealed it would follow that in all the other boroughs of the commonwealth one system would j prevail, and in the borough of Carlisle another and different' system would control. This inconsistency brings the case directly within the operative words of the repealing clause of the act of 1893.
We think also the case is brought within the operation of the principle applied in Com. v. Macferron, 152 Pa. 244, in considering legislation for cities by classes. Said our brother Williams in the opinion: “ If a law relating to cities of a given class should be held to exclude, or to be inoperative in one or
The law of 1893, which we have been considering, furnishes an apt illustration of this doctrine. The class to which it re-, lates is, all the boroughs of the commonwealth. It provides a uniform system for the establishment and government of boards of health in all of them. In this particular case it is found to conflict with the system prevailing on the same subject in one member of the class, to wit, the borough of Carlisle. Therefore the latter should give way so as to produce uniformity upon this subject among all the members of the class, to wit, all the boroughs of the commonwealth.
We are of opinion,therefore,that the act of 1893, being a general law, to enable borough councils to establish boards of health in all the boroughs of the commonwealth, is actually inconsistent with the act of 1873, and was intended to repeal that and any similar local laws that may exist in other boroughs. It follows that the learned court below was in error in entering judgment for the plaintiff on the case stated.
Judgment reversed and judgment is now entered for the defendant on the case stated with costs of suit.