Somerset Township Supervisors v. Somerset County Commissioners
Somerset Township Supervisors v. Somerset County Commissioners
Opinion of the Court
Opinion by
On the record as made in the Common Pleas and under our allowance of appeal from the Superior Court, the only question before us is whether the Act of April 25, 1907, P. L. 104, is constitutional. The court below declared the act void because its title did not “clearly express the subject-matter of the bill in conformity with the Constitution.” The Superior Court reversed and held the act in question to be valid legislation, citing: Com. v. Van Bowman, 35 Pa. Superior Ct. 410; Clarion County v. Clarion Township, 36 Pa. Superior Ct. 302; id., 222 Pa. 350; East Whiteland Township v. Chester County, 235 Pa. 579, which cases deal with the Act of April 20, 1905, P. L. 237, as amended by the Act of 1907, supra.
The Act of 1905 is entitled, “An act to provide for the repair and maintenance or improvement, by the proper county, city or borough, of turnpikes heretofore or hereafter appropriated or condemned, or any part thereof, for public use free of tolls,” and section 1 provides, “That when any turnpike, or part thereof, has been, or may hereafter be, appropriated or condemned for public use, free of tolls, under any existing laws, and the assessment of damages therefor shall have been paid by the proper
The assignments of error are overruled and the appeal is dismissed at the cost of the appellants.
Reference
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- Constitutional law — Constitution of Pennsylvania, Article III, Section S — Titles of acts — Subject-matter of acts — Municipalities —Abandoned turnpihes. The subject-matter of the Act of April 25,1907, P. L. 104, which is entitled “An act to amend the first section of an act entitled ‘An act to provide for the repair and maintenance or improvement by the proper county, city or borough, of turnpikes heretofore or hereafter appropriated or condemned, or any part thereof, for'public use free of tolls,’ ” and which provides in effect that when any turnpike has been condemned for public use free of tolls under any existing laws and the assessment of damages therefor shall have been paid by the proper county, or when any turnpike company has or may abandon its turnpikes, or has been or may be dissolved by proceedings under existing laws, such turnpike shall be properly repaired and maintained at the expense of the county, city or borough in which the' turnpike lies, is germane to its title and to the title of the Act of April 20, 1905, P. L. 237, which the Act of 1907 purports to amend, and said Act of 1907 is not, therefore, violative of Article III, Section 3, of the Constitution.