Pittsburg v. Pittsburg Railways Co.
Pittsburg v. Pittsburg Railways Co.
Opinion of the Court
The decision of the common pleas that the ordinance in question is void, in which we all concur, involves these conclusions: first, that the power of a city to regulate and fix fares to be charged by street passenger railway companies operating cars within its limits, must be delegated by the legislature or be held not to exist; second, that such power is not embraced within the power to enact ordinances for the maintenance of the good government and welfare of the city and its trade, commerce and manufactures; and, third, that the words “to fix the rates and prices for the transportation of persons and property from one part of the city to another,,” with which clause XXIV, sec. 3, art. XIX, of the Act of March 7, 1901, P. L. 20,
The judgment is affirmed.
Reference
- Full Case Name
- Pittsburg v. Pittsburg Railways Company
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Street railways — Bates of fare — Municipal control — Statutes—Act of March 7,1901, P. L. SO. 1. The power of a city to regulate and fix fares to be charged by street passenger railway companies operating cars within its limits must be delegated by the legislature or be held not to exist. 2. Such power is not embraced within the power to enact ordinances for the maintenance of the good government and welfare of the city and its trade, commerce and manufactures. 3. The words “to fix the rates and prices for the transportation of persons and property from one part of the city to another” with which clause XXIV, sec. 3, art. XIX, of the Act of March 7, 1901, P. L. 20, concludes, are to be read in connection with the first part of the sentence in which they occur, and, being thus construed, are restricted in their operation to the particular classes of vehicles therein mentioned, and, therefore, do not confer the power to fix and regulate the fares to be charged by street passenger railway companies.