256 Pa. 312 | Pa. | 1917
Lead Opinion
Opinion by
In pursuance of an ordinance approved April 21,1911, the municipal authorities of the City of Philadelphia submitted to its electors the question"of an increase of its indebtedness in the sum of $9,750,000, which embraced, inter alia, an item of $1,500,000 “for the erection of a convention hall.” The election was held May 23, 1911, and a majority of the electors voted for the proposed increase. In the notice of the election, and on the ballots furnished to the voters, the item of $1,500,000 was said to be “for the erection of a convention hall.” On June 19, 1911, the mayor of the city was authorized, by ordinance, to borrow on its faith and credit the sum of $9,750,000, including the $1,500,000 “for the erection of a convention hall.” By an ordinance approved February
When the question of an increase of the indebtedness of a municipality is submitted to its electors in compliance with constitutional and statutory requirements, their votes are simply either “No increase of indebtedness,” or “Debt may be increased.” The purpose or purposes for the increase are for the municipal authorities when they express their desire for it: Barr & Yocum v. Philadelphia et al., 191 Pa. 138; Major v. Aldan Borough, 209 Pa. 217. But, while this is true, the authorities may not ask the electors to authorize the increase unless they comply with the statutory requirement that public notice of the election to be held on the question of the increase shall “contain a statement of the amount of the last assessed valuation, of the amount of the existing debt, of the amount and percentage of the proposed increase, and of the purposes for which the indebtedness is to be increased.” This last clause is to enable the voter to act intelligently upon the question submitted to him, and, when he deposits his ballot, he finds on it, as required by the statute, “the purpose and amount of increase.” Though, strictly speaking, the purpose of the increase of a municipality’s indebtedness is for the municipal authorities, to whom the electors have delegated the power and authority to act for them, a vote in favor of the increase is an approval by the elector of the purpose for which the indebtedness is to be increased. His disapproval of that purpose would be followed by his vote against the increase. So, after all, unless the electors approve the purpose of the increase of municipal in
The facts in the case are undisputed and the question is a very narrow one. It seems to be undisputed that the City of Philadelphia needs a convention hall. Both branches of council and the mayor have so formally declared, and a majority of the electors have so voted. It was found by the proper authorities of the city that this need could not be filled without the increase of its indebtedness, tO' be authorized under constitutional and statutory provisions. In compliance with these, an ordinance was passed and approved, providing for the submission to the electors of the question of the increase of the municipal indebtedness for various purposes, among them being an item “for the erection of a convention hall.” In the notice of the election it was specifically stated, as required by the statute, that, one of the items of the proposed increase was $1,500,000 “for the erection of a convention hall.” The notice was not that this sum was to be appropriated toward the erection of a convention hall — in part payment of the cost of it — but for the whole cost of it, and the most zealous advocate of its erection, whether layman or lawyer, ought to understand that no other possible meaning was conveyed to the electors. The words of the notice of the election were to be understood by them in their popular, natural and ordinary meaning: Commonwealth v. Bell, 145 Pa. 374; Keller v. Scranton, 200 Pa. 130. That the city authorities
It may be that the price of materials and labor has increased to so great an extent that the erection and completion of a structure suitable in size and character as a convention hall are now impracticable and impossible with the sum of $1,520,000, but this does not affect the question under consideration. If the convention hall cannot be erected with the moneys how available for it, under the two elections authorizing the increase of the city’s indebtedness, its erection must be deferred until it
As a reason for dismissing this bill, it is urged that the defendants are but following a long'continued custom and usage. If this be so, the time is ripe for a departure from it. Malus usus est absolendus.
And now, January 15, 1917, it is ordered, adjudged and decreed that the expenditure.of any sum in excess of $1,520,000, already borrowed, or authorized to be borrowed, or so much thereof as remains unexpended, in the erection of a convention hall by the City of Philadelphia, or any contract with the said City of Philadelphia for the erection thereof at such greater cost or expense, will be illegal, and the defendants and each of them are enjoined from entering into a contract or contracts on behalf of the city for the erection in whole or in part of a convention hall, the total cost of which will exceed the unexpended balance or amounts authorized by the electors to be borrowed therefor, the costs in this proceeding to be paid by the City of Philadelphia.
Dissenting Opinion
Dissenting Opinion by
It seems to us that the majority opinion in this case goes far beyond any of our previous rulings cited therein, and is uncalled for by the facts at bar. No bad faith was intended, and we are convinced no elector was deceived by the wording of the referendum indicating “the purpose and amount of the increase.” The ballots read, “$1,500,000 for the erection of a convention hall.” The-use of the phraseology “for” this or that purpose is quite usual at such times, and heretofore it has never been asserted that it limited the amount ultimately to be expended by the municipal authorities in the complete accomplishment of the particular purpose in view. Of course, when borrowed, the money may not be diverted to any other use than that authorized by the electors;