Waynesburg Borough's North Ward
Waynesburg Borough's North Ward
Opinion of the Court
Opinion by
The arguments, both oral and printed, presented upon this appeal, took a very wide range, and to some extent were based upon matters which, not being shown by the record proper,
The order was made upon the petitiozi of residezzts azid voters of the ward, and without the precedizig appointment and report of eommissionez's, izi accordazzce with the provisions of the Act of May 18, 1876, P. L. 178, as amended by the Act of June 24, 1885, P. L. 149, and notwithstanding the objection raised by the exceptions filed before the decree was made that these statutes outline arid direct the course of proceduz’e that should be followed by the court. In answer to this objection it seems sufficient to refer to In re Township of Bern, 115 Pa. 615, where it was distinctly held that the court of quarter sessions may upon petition divide a township into election districts in the exercise of their constitutional power without the appointmezit of commissioners, and without proceeding by view, z’eview and exceptions. In view of this decision the question raised by the exception above referred to is not opezi to discussion.
But it is claimed that even though the court of quarter sessions may upon petitiozi divide a township or ward into election districts in the exercise of its constitutional power without the appointment of commissioners, azid without proceeding by view, review and exceptions, it cannot disregard its own rules, adopted to regulate the practice under the statutes and the constitutional provision relating to the subject. We need not take up time in consideration of the question whether the court may by rule bind itself, under any and all circumstances, to appoint coznmissioners and to proceed by view, review and
Another objection raised in the court below by the appellant’s first exception was, that the petition was defective in that it fixed the number of the districts and indicated their boundaries, “ thereby taking from the court its discretion in that regard.” The overruling of this exception is one of the matters assigned for error. If there were anything in the record to show that the court felt constrained by the petition to adopt the lines of division therein recommended, without exercising its own judgment in the premises, or notwithstanding its own judgment formed upon a consideration of all the pertinent facts and circumstances that the convenience of the electors and the public interests would be more fully accomplished by a different division, or by no division at all, there would be merit in this assignment of error. But there is no ground whatever for surmising even that the court proceeded upon any such erroneous theory as to its powers and duties. On the contrary the order recites, and the presumption would be the same in the absence of the recital, that it was made after due consideration, and because the court was of opinion that the convenience of the electors and the public interests would be promoted thereby. No presumption that the court did not exercise the judgment and discretion vested in it by the constitution arises from the fact that it adopted the scheme of division recommended by the petitioners. This is precisely what was done in In re Bern Township, 115 Pa. 615, in which case the order, was affirmed upon appeal.
The objections to the order most vigorously urged by the appellants’ counsel are that it does not define the districts with sufficient certainty, and that whilst purporting to divide the ward into three election districts there are portions of the ward not embraced within the description of either of these
But it is argued that the description of the three districts is insufficient on its face, because neither the petition nor the order states the courses of the streets mentioned, or states that the streets wholly intersect the ward. We do not regard either of these as a fatal objection. There is no express constitutional or statutory requirement that the courses of the boundary line of an election district must invariably be set forth in the order creating it. Under some circumstances this would be necessary to an adequate description of the district, and in such a case this mode should be followed. But the proposed district may be so situated that it can be fully designated by natural boundaries, under which term we include city or borough streets. If often may happen that the objects to be accomplished will be fully secured by that mode of description, and perhaps more fully than by any other. In such case it is not imperatively required that, in addition to the name of the street adopted as a boundary, its angles and courses shall be given. The question of the sufficiency of the description of an election district established by the court of "quarter sessions under its constitutional power, depends somewhat upon matters of fact within the knowledge of that court or brought to its knowledge in a legitimate way. As already indicated, there is no mode whereby its decision of these questions of fact can be brought up for review. Therefore it is only where the description would be inadequate, even assuming the facts to be as affirmatively asserted or clearly implied in the order, that we would be warranted in declaring the, description insufficient, and setting aside the order upon that ground. Taking this order as a whole, it clearly implies that the ward is naturally subdivided into three parts by two intersecting streets, and if this be the fact, as for the purposes of this appeal it must be presumed to be, we cannot say that the adoption of the description of these three natural subdivisions as the description of the three election districts, was not sufficient in law.
The next question requiring notice is raised by the second • assignment. After this appeal was taken, but before the
It is urged further that the supplemental order last referred to is invalid because it was made, not by the court as such, but by the president judge-in vacation. The answer made by the appellees’ counsel to this proposition, and we deem it sufficient, is that the order on its face and in the manner in which it is signed, purports to have been made by the court, and this accords with the record entries. For purposes of this proceeding the record imports verity.
The remaining question to be considered arises upon an objection which appears, so far as we observe, not to have been made in the court below, but which necessarily must be considered in passing upon the validity of the final decree. The question is as to the power of the court of quai'ter sessions to appoint the officers to hold the first election, and to designate the polling place, where the court erects an election district under its constitutional power, and without following the proceedings set forth or prescribed by the act of 1.876. A review of the legislation upon the subject has convinced us that in such
Upon a full view of all the record we find no error therein which would warrant us in reversing or setting aside the proceedings. The order is affirmed.
Reference
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- Appeals — Certiorari—Boroughs—Division into wards — Review—Commissioners — Rules of court. On an appeal from an order of the quarter sessions dividing a borough ward into election districts the appellate court is confined strictly to questions affecting the jurisdiction of the quarter sessions, and the regularity of the proceedings therein, and in the determination of these questions it cannot go outside of the record which the certiorari brings up. The record of other proceedings, such as the division of boroughs into wards, or the annexation of lands to the borough, are not and cannot be brought up by the writ, and therefore cannot be considered. The court of quarter sessions may upon petition divide a borough ward into election districts in the exercise of its constitutional power without the appointment of commissioners, and without proceeding by view, review and exceptions. A rule of the quarter sessions providing that commissioners shall not be appointed upon a petition for the erection or division of an election district without proof that ten days’ written notice of the time of making the application has been served upon the county commissioners, does not apply to a case where commissioners are not to be appointed. The fact that a petition for the division of a borough ward into election districts indicated the number of the districts and their boundaries, is not a fatal objection to the proceedings, where there is nothing to show that the court was constrained by the petition to adopt the lines of division therein recommended without exercising its own judgment and discretion. On an appeal from an order dividing a borough ward into election districts, where the order of the court below purports to divide the whole ward into three districts, the appellate court has no jurisdiction to determine a disputed question as to whether the three districts with the boundaries indicated in the order make up the whole of the ward. Where an order dividing a borough ward into election districts gives the boundaries by streets, it is not invariably necessary that the courses and distances of the boundaries should be stated. Where the court of quarter sessions has entered a decree dividing a borough ward into election districts, and an appeal has been taken therefrom, the court below may, before the removal of the record.and the return day of the writ, order that a map or plot of the districts and in strict conformity with the order, be filed nunc pro tunc. If such an order purports on its face to be made by the court and this accords with the record entries, the order will be taken on appeal as having been made by the court as such notwithstanding the allegation that it was made by the president judge alone in vacation. The record imports verity. The court of quarter sessions when it divides a borough ward into election districts, may make the appointment of the first election board and designate the polling place.