Shaub v. Lancaster City
Shaub v. Lancaster City
Opinion of the Court
Opinion by
This action was brought to recover a reward of five hundred dollars from the city of Lancaster. The court below held that the plaintiff was not entitled to recover, and entered a compulsory nonsuit. The question raised by the appeal to this court is over the liability of the city. The liability asserted is under a resolution adopted in February, A. D. 1874, by the select and common council, authorizing and directing the mayor of the city to offer a reward of five hundred dollars for the arrest and conviction of any person setting incendiary fires within the limits of the city. In obedience to this resolution, the mayor at once issued a proclamation offering the reward which the resolution authorized and directed. A succeeding mayor issued a similar proclamation in 1879. Another was issued in 1881, both of which recited the resolution of 1874. Ten years after the last proclamation, in March, 1891, an incendiary fire occurred in the city of Lancaster. The plaintiff caused the arrest and conviction of the incendiary. He then applied to the city authorities for the reward offered under the resolution of 1874. Payment was refused, and this action followed.
Upon these facts ought the case to have gone to the jury ? This depends upon the nature and effect of the resolution and the proclamation authorized by it. The resolution was not presented to the mayor for his approval. It was not an ordinance or law of the city in form, but an. order or direction to another department of the city government to perform an act deemed necessary by councils at the time, in view of circumstances then existing. Such directions are ordinarily temporary in character and effect, and cease to be operative with the emergency or condition that gave rise to them. The plaintiff contends that the form of the action is in this case immaterial, and that the resolution is binding upon the city until it is rescinded or annulled, by reason of the act of 1867. This was
If this could be doubtful upon the provision we have quoted, any possible doubt is removed by the explanatory clause which follows, which states the object of the provision to be to enable councils “ to transact business by an order or resolution.” The “ business ” referred to is evidently such current business as may properly be done by order or resolution, and requires,
We are to inquire therefore, how long shall the city be bound by the resolution of 1874, and the proclamation issued under it? If the plaintiff’s position is correct, then we have a law passed with binding effect, without the concurrence of the mayor. The act of 1867 does not authorize or contemplate such a result, and it would be in contravention of the city charter, and the general scheme of the city government.
We must regard the resolution of 1874, therefore, as an ac;. done in the transaction of the “ business ” of the city that was not intended to bind the city longer than the condition which suggested its adoption should continue.
The property of citizens and the welfare of the city were in danger from incendiary fires. The ordinary machinery for the detection and conviction of criminals seemed to be inadequate to meet the necessities of the situation. Additional and extraordinary methods were thought necessary, and to secure these
In this case seventeen years had elapsed from the date of the resolution of councils, and ten years, counting from the last proclamation made under it. This is not a reasonable time, and the city cannot be required to pay the rewards upon the evidence as it stood when the nonsuit was entered. The learned judge of the court below was right in entering the compulsory nonsuit and the judgment is affirmed.
Reference
- Cited By
- 18 cases
- Status
- Published
- Syllabus
- Municipalities — Distinction between ordinance and resolution. An ordinance is the form proper for city legislation, and requires the concurrence of the executive head of the municipal government; while an order or resolution is the proper form for such acts of councils as are temporary or ministerial in character, and do no require executive approval. Resolutions — Lancaster city — Act of April 5, 1867. The act of April 5, 1867 P. L. 783, amending the charter of the city of Lancaster, provides : “That it shall not be necessary for any order or resolution of either branch, or to which the concurrence of both branches of the council may be required, tó be presented to the mayor for his approval, but the same shall be binding for all purposes; the councils may transact business by an order or resolution; and every such order or resolution shall be filed in the archives of the city, and shall be evidence for the purposes therein contained.” Held, that the act did not authorize legislation by order or resolution, but merely referred to such current business as may be properly done by order or resolution. Resolution authorizing offer of reward — Incendiaries. A resolution of city councils authorizing the mayor to offer a reward for the arrest and conviction of incendiaries, is only binding upon the city for a reasonable time, and in determining what is a reasonable time the reason or necessity for the passage of a resolution must be taken into account. In 1874, a resolution of the councils of the city of Lancaster authorized and directed the mayor to offer a reward for the arrest and conviction of incendiaries. In obedience to this resolution the mayor at once issued a proclamation offering a reward. A succeeding mayor issued a similar proclamation in 1879, and again in 1881. In 1891, plaintiff procured the arrest of an incendiary, and brought suit against the city for the reward. Held, that he could not recover, as the expiration of seventeen years from the resolution of council, and ten years from the last proclamation under it, was not a reasonable time. It seems that such a resolution ought not to be acted upon, except by the mayor to whom the order is directed, nor ought its terms to bind the city ordinarily beyond the term of such officer.