Gas & Water Co. v. Borough of Downingtown
Gas & Water Co. v. Borough of Downingtown
Opinion of the Court
Opinion by
The title of the plaintiff in this action to the rights, propperty and franchises of “The Downingtown. Gas and Water
In the case as it now comes before us the title of the plaintiff to the rights and franchises is attacked upon the ground that the title of the act of 1878 makes no specific mention of gas and water companies as being objects to which the act was intended to apply. But the title does describe the act as “ A supplement to an act entitled ‘An act concerning the sale of railroads, canals, turnpikes^ bridges and plank roads,’ approved April 8, 1861,” and “ extending the provisions of said act to coal, iron, steel, lumber, or oil or mining, manufacturing, transportation, and telegraph companies in this commonwealth.” The act itself in its 1st section provides, “ That whenever the material, rolling stock, property and franchises of any gas, water, coal, iron, steel, lumber, oil or mining, or manufacturing, transportation or telegraph company, or any railroad, canal, turnpike, bridge or plank road, or of any corporation, created by or under any law of this state, shall be sold and conveyed,” by virtue of any process of any court, etc., the persons buying the same shall be constituted a body corporate, and shall be vested with all the property, rights and franchises of the corporation as whose property they are sold. Then follows provisions for effecting the new organization.
The most cursory glance at the language of the act proves
In Allegheny County Home’s Appeal, 77 Pa. 77, we said: “ It will not do, therefore, to impale the legislation of the state upon the sharp points of criticism, but we must give each title as it comes before us a reasonable interpretation, ut res magis valeat quern pereat. If the title fairly gives notice of the subject of the act, so as reasonably to lead to an inquiry into the body of the bill, it is all that is necessary. It need not be an index of the contents, as has often been said.” In State Line and Juniata R. R. Co.’s Appeal, 77 Pa. 429, we said, “ The true rule is, that where the legislation in the supplement is germane to the subject of the original bill the object of such supplement is sufficiently expressed in the title.” The title of the act of 1861 is “ An act concerning the sale of railroads, canals, turnpikes, bridges and plank roads.” The supplement of 1878 is entitled, “ A supplement to an act entitled ‘ An act concerning the sale of railroads, canals, turnpikes, bridges and plank roads,’ approved April 8, 1861, extending the provisions,” etc. The bodies of both acts provided for the organization of the purchasers at judicial- sale of the property, rights and franchises of corporations into new companies clothed with all the property rights and franchises of those that were sold. The object of both acts was the same, and the methods to be pursued were the same, prescribed in almost identical language. The chief
The foregoing comments are precisely applicable to the present case.
In Mauch Chunk v. McGee, 81 Pa. 433, Agnew, C. J., said in the opinion: “ It is not the purpose or the duty of the Court to catch at pretexts to avoid legislation, where it can be -fairly reconciled with the constitution. This has been the current of decision in this state in many cases. ... In Commonwealth v. Clellans, 8 Pa. 226, Justice Shakswood remarked that ‘ the intention of the constitutional amendment was to require that the real purpose of a bill should not be disguised or covered by the general words “ and all other purposes,” which was formerly so common, but should be fairly stated; and it must be a clear case to justify a court in pronouncing an act, or any part of it, void on this ground.’ ”
In the case In re The Borough of Pottstown, 117 Pa. 538,
The remaining assignments do not require • detailed discussion. That the plaintiff had succeeded to the exclusive powers possessed by the former company, and could now exercise them against the defendant, was sufficiently decided when the case was here before. That the forfeiture of the plaintiff’s charter cannot be inquired into or considered in this collateral proceeding is so thoroughly established by numerous and familiar decisions that even a reference to them is not necessary. This branch of the case has been so correctly disposed of in the opinion of the learned court below, with which we entirely concur, that nothing further need be said. There was no merit in the petition for a rehearing, and it was very properly refused. The assignments of error are all dismissed.
The decree of the court below is affirmed, and the appeal dismissed at the cost of the appellants, the time for issuing the writ of injunction being now fixed on the 80th day of October, 1899.
Reference
- Full Case Name
- Gas and Water Company of Downingtown v. Borough of Downingtown, James R. Gordon, Burgess, and S. Austin Bicking, Guyon Miller, Samuel P. Brown, Frank J. McGraw, E. Vinton Philips and Samuel D. White, Town Council of the Borough of Downingtown
- Cited By
- 12 cases
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- Published
- Syllabus
- Constitutional law—Statute—Title of act—Title of supplement. If the title of an act fairly gives notice of the subject of the act so as reasonably to lead to an inquiry into the body of the bill, it is all that is necessary. It need not be an index of the contents. Where the title of an original act fully expresses the subject of the enactment, and an act entitled a supplement thereto has a title sufficiently expressing any subject within the purview, and contains provisions properly germane to the subject of the original, the supplementary act is not unconstitutional. Constitutional law—Title of act—Gas companies—Acts of May 25, 1878, and April 8, 1861. The Act of May 25, 1878, P. L. 145, entitled “ A supplement to an act entitled An act concerning the sale of railways, canals, bridges and plank roads ’ approved April 8,1861, extending the provisions of said act to coal, iron, steel, lumber or oil or mining, manufacturing, transportation and telegraph companies in this commonwealth,” is not defective in title, and embraces gas companies, as they are within the designation of manufacturing companies. Corporations—Forfeiture—Collateral attack on charter. The question of the forfeiture of the charter of a corporation cannot be inquired into or considered in a collateral proceeding.