Barth v. Philadelphia School District

143 A.2d 909, 393 Pa. 557, 1958 Pa. LEXIS 392
CourtSupreme Court of Pennsylvania
DecidedJuly 25, 1958
DocketAppeals, Nos. 276 and 277
StatusPublished
Cited by28 cases

This text of 143 A.2d 909 (Barth v. Philadelphia School District) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barth v. Philadelphia School District, 143 A.2d 909, 393 Pa. 557, 1958 Pa. LEXIS 392 (Pa. 1958).

Opinions

Opinion by

Mr. Justice Bell,

Plaintiff filed a complaint in equity in a taxpayérs’ suit on behalf of himself and all other taxpayers of the School District of Philadelphia. Plaintiff prayed for an injunction to restrain — not the City but — the School District of Philadelphia from making any expenditure or contribution of money, materials, services or facilities in performance of an Agreement entered into by the Board of Education of the School District of Philadelphia and the City of Philadelphia on or about February 14, 1958 to establish and pay for a Youth Conservation Commission. Defendants filed preliminary objections to the complaint; these objections were dis[559]*559missed by tbe lower Court. From a final decree which granted an injunction, defendants took this appeal.

The Agreement establishes a Youth Conservation Commission of Philadelphia for the purpose of organizing, formulating, operating and financing a program to curb juvenile delinquency in Philadelphia. The Agreement pertinently provides, inter alia, that the Commission shall be composed of three members, one to be appointed by the City of Philadelphia; one to be a member of the Board of Public Education to be appointed by the Board’s President; and the third to be appointed jointly by the Mayor and the President of the Board of Public Education. Each member of the Commission was to serve at the pleasure of his appointing authority. The Commission (a) was to be responsible for the formulation and the general management, direction and control of the program set forth in the Agreement, and (b) was given authority to employ an executive director and a staff, “which were not to be considered employees of either the School District or the City of Philadelphia.”

The functions, purposes and program of the Commission were set forth in paragraph 3 of the Agreement. These authorized the Commission:

(a) To coordinate and assist in formulating the programs of all agencies in the City for the broad purpose of reducing juvenile delinquency and to adopt and carry out plans for that purpose.

(b) To propose educational courses and special training to meet individual needs and recreational programs and activities to be furnished by the School District and the City.

(c) To meet with problem youths and their parents and to recommend the professional counseling of problem youths and their parents.

[560]*560■(d) To organize sensitive, areas- in the City on a block by block basis where other agencies are not effectively operating and to enlist, .volunteer workers to work .with the local residents in . an effort to improve living conditions, and also to serve as a warning source in the event any problems arise in . the area involving juveniles. . . .

(e) To take any active part in gang control activities.

(f) To receive from public and private sources of all kinds and to administer contributions of money and; property for the foregoing purposes.

The Agreement also provided, in paragraph 5 that . -.- . “the program of the Commission shall he an indépendent undertaking and shall not he considered an integral part of the program of either the City or of the School District, nor subject to the requirements of either the Home Rule Charter or the Public School Code of 1949, as amended.”

The Agreement authorized thé payment by the School District for the calendar year 1958 of “amounts up tó a total of $125,000. . . -. In addition . .. .. the parties. may .. make other facilities available to the Commission for its program without cost to the Commission”. . -: '

The School District’s budget for 1958 contained in. Item 3 “Constructive citizenship . . . $125,000.00”. . /

Various reasons, some, of which, will be hereinafter discussed, were advanced to support taxpayers’ contention that this Agreement and the proposed appropriation of $125,000 (plus) for the first year were, as to the School District, ultra vires.

A program to study and curb juvenile delinquency is not only worthy, but highly desirable. The crime wave which is sweeping our.Country, and particularly., the rise and extent of juvenile delinquency, and the [561]*561vandalism and the atrocious crimes committed by juveniles

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Bluebook (online)
143 A.2d 909, 393 Pa. 557, 1958 Pa. LEXIS 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barth-v-philadelphia-school-district-pa-1958.