City of Philadelphia v. Penna. Hospital
City of Philadelphia v. Penna. Hospital
Opinion of the Court
It was conceded upon the argument that the lots, against which the city claims for water pipes were filed, were liable therefor unless the state has contracted awray its power of taxation as to them. The appellant contends that this is the case; that the state is under formal contract, based upon a sufficient consideration, to forever exempt from taxation all the property which the corporation owned in 1853, if not all it may hereafter purchase for its actual use, or the investment of its funds. In support of this proposition we are referred to a number of
While this section is an explicit exemption of the property of the corporation from taxation, there is nothing upon its face to make it a binding contract by the state, by which the hands of another legislature are so bound as to prevent the repeal of the act, or the imposition of subsequent taxation. The closing words of the section, “ any law to the contrary notwithstanding,” cannot, under any recognized rule of construction, be held to apply to subsequent legislation. They evidently refer to laws in existence at the time of the passage of the act, and are a general form of expression to indicate that the legislative will, thus expressed, is not to be interfered with by any other laws in existence, which seemingly conflict therewith. While there are decisions which hold that a state may contract away its power of taxation as to a particular subject, it is a most improvident and dangerous exercise of power, and ought never to be evidenced by mere implication, but should be expressed in the clearest manner. In the case in hand, the want of consideration is a full answer to the appellant’s contention.
It was strongly and plausibly urged, however, that many large and valuable gifts had been made to the corporation upon the faith of its exemption from taxation, and that these gifts constitute a sufficient consideration to support such contract. The fallacy of this reasoning consists in this : that the contributors referred to are presumed to have known, when they made their gifts, that the legislature had the power to repeal all of the exempting legislation, and might do so at any time. Nor do the uses to which the property is to be applied furnish such consideration. We concede they are a powerful argument, when addressed to the wisdom and discretion of the legislature, but not to its power. The principle contended for by appel
Judgment affirmed.
Reference
- Full Case Name
- CITY OF PHILADELPHIA v. PENNA. HOSPITAL
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- [To be reported.] 1. While there are decisions which hold that a state may by contract divest itself of the right of taxation as to a particular subject, it is an improvident and dangerous exercise of power, and the intention thus to grant an irrevocable exemption from the imposition of taxes ought never to be evidenced by mere implication, but should be expressed in the clearest manner. 2. When, by statutory provision, the property of an existing charitable corporation is exempted from taxation so long as it shall be used for the purposes of the charity, “ any law to the contrary notwithstanding,” the clause quoted cannot be held to apply to subsequent legislation, hut indicates simply that the intention expressed is not to be interfered with by other laws then in existence. 8, At all events, such a grant of exemption cannot bind the state, so as to prevent the subsequent imposition of taxation, unless made for a consideration; and, neither the fact that the property exempted is applied to charitable uses, in relief of the publie, nor the fact that, subsequent to the statute, contributors have made large gifts to the charity, will furnish such consideration.