50 Pa. Super. 317 | Pa. Super. Ct. | 1912
Opinion by
The learned judge of the common pleas, in his opinion filed, has cited and considered the several acts of assembly, in the provisions of which must be found, if it exists at all, the power of the defendant corporation to enter into the contract which gives rise to this controversy. These several acts belong to a series of statutes, enacted through a period of years, all of which had a common object in
The defendant corporation was created by the Act of March 25, 1862, P. L. 178. The corporation thus created was somewhat anomalous, in the single respect, that the territory within which it was to exercise its functions was not marked by county lines but embraced portions of the counties of Carbon and Luzerne. Provision is made in the statute for the acquisition by this corporation of the necessary buildings which had formerly belonged to the directors of the poor of Carbon county. The proper courts of Carbon county were authorized to exercise, over the affairs of this inter-county district, the same supervision usually provided to be exercised over the affairs of directors of the poor generally by the courts of their re
The broad legislative intent on this subject may be ascertained by a reference to the general Act of April 17, 1866, P. L. 110, entitled, “An Act relating to Poor Houses and Lands.” This act provides, “That in all cases where a poor house, or houses, have been, or hereafter shall be, erected in any county, or counties, under any law of this commonwealth, and the said buildings are found insufficient for the purpose of comfortably sheltering and maintaining the poor, sick, or insane, of the proper county, it shall be lawful for the county commissioners to erect new, or additional, buildings, for such purpose, &c.: Provided. That before erecting any such new, or additional, buildings, the construction thereof shall be recommended by the directors of the poor, a grand jury, and the court of quarter sessions of the proper' county.” Were the defendant corporation the ordinary one, whose functions were to be exercised within the limits of a county, it would be clear that by this general act the legislature had pointed out the manner in which new and additional buildings for. the support and maintenance of the poor of the county were to be provided. The method thus outlined is in harmony with the general policy of the state in relation to county public buildings to be paid for by taxation.
But, it may be said, that because of the fact already adverted to, the district within which the present defendant must exercise its powers is not confined to one
In considering the question whether or not the power here claimed exists by implication only, it is to be remembered that the general fundamental principle requires a strict construction of such grants by the legislature. The power claimed by the corporation must be found clearly written within its charter, either in express words or by absolutely necessary implication, so that without the exercise of such power it would be impossible for the corporation to fairly exercise other powers distinctly and expressly conferred. We are further to observe that the Supreme Court, in construing one of this series of acts, to wit, the Act of March 16, 1830, P. L. 105, declared, in Light et al. v. Houck et al., 2 W. N. C. 5, that the corporation, created by that act and invested with practically similar powers in this respect, to those conferred upon the present defendant, had no authority to rebuild one of the buildings, originally acquired, after its destruction by fire. These considerations lead us to the conclusion, reached by the learned judge of the court below, that the defendant corporation had no power, without the approval of the court, to enter into a contract for the erection of new buildings involving the expenditure of nearly $200,000 of the public money.
The defendant corporation itself does not claim, as we understand it, that it had such power because it submitted the plans for the proposed building to the court for its approval which was denied. The contract which we are considering was one made by it with an architect to
The conclusion reached by the learned judge below and adopted by us appears to be in line with the uniform legislative policy expressed not only by the general mass of legislation referred to, but clearly declared as to the affairs of this particular district, by the recent Act of
Judgment affirmed.