Lancaster City Annexation Case

98 A.2d 25, 374 Pa. 529, 1953 Pa. LEXIS 420
Supreme Court of Pennsylvania·Decided June 26, 1953·No. No. 1; Appeal, No. 113·Published·Cited by 21 cases

Opinion

Opinion by

Mr. Justice Musmanno,

On July 7,1952, the Council of the City of Lancaster (a city of the third class) enacted Ordinance No. 16-1952, annexing to Lancaster a tract of 13.177 acres of uninhabited land in Manheim Township (then a second class township ), contiguous to the City’s boundaries. The ordinance was the result of a petition by the Garden Spot Realty Company, owners of the tract. The Manheim Township authorities (Board of Supervisors, School Board, Tax Collector) and a William C. Schwartz, individual resident and taxpayer of the Township, appealed to the Court of Quarter Sessions [531]*531of Lancaster County protesting that the ordinance and annexation proceedings were void because:

(1) “. . . said provisions adversely affect townships and township school districts by permitting them to be deprived of territory and tax revenues, and by imposing new duties and burdens on them and their officers, without notice thereof in the title/s of said statute/s, contrary to the provisions of Article III, section 3, of the Pennsylvania Constitution”; (Emphasis supplied)

(2) “. . . said provisions prescribe powers and procedures for annexation by a third-class city different than those prescribed for annexation (a) by second class cities (by the Act of 1923, P. L. 473, 53 PS 9931), (b) by cities without distinction as to class (by the Acts of 1903, P. L. 332, and 1905, P. L. 216, 53 PS 91 et seq.), and (c) by boroughs (by the General Borough Act of 1927, P. L. 519, as amended, 53 PS 12461 and 12900), without any valid or substantial basis for differentiation or classification; and that said statute/s relating to third-class cities, therefore are local or special laws regulating the affairs of cities, townships and school districts, and changing township lines and school districts, contrary to the provisions of Article III, Section 7, of the Pennsylvania Constitution.” (Emphasis supplied) The Court of Quarter Sessions upheld the constitutionality of the legislation and this appeal followed.

Section 3 of Article IIT of the Constitution of Pennsylvania provides: “No bill. . . shall be passed containing more than one subject, which shall be clearly expressed in its title.”

In the ever-increasing complexities and volume of legislation encumbering modern day life, it is impossible for anyone to keep abreast of legal requirements and duties by reading ipsissimus verbis every statute passed by Congress and State legislatures. In order to enable persons,. corporation, authorities, businesses and gov[532]*532ernmental subdivisions affected by any particular statute, to be kept informed on what is currently ex-: pected of them, our constitutional fathers wisely provided that statutes having to do with shoemakers must mention shoemakers in the title. Once that is done, the constitutional requirement is satisfied. If the title had to then enumerate all the things that are legally expected of a shoemaker, titles would eventually not be much shorter than the statutes they proclaim. . .

In Commonwealth v. Fireman’s Fund Insurance Company, 369 Pa. 560, this Court tersely put it: “The purpose of that section [constitutional] is to eliminate the so-called ‘omnibus bills’ and it is intended to operate to exclude from an act that which is secret and unrelated. . . It is sufficient to satisfy the constitutional requirement if the title will lead a reasonably inquiring mind into the body of the act.” (Emphasis supplied).

Thus, shoemakers wanting to know about new laws appertaining to their trade, would pass over any statute which in its title referred to port regulations. Equally, officials of townships bordering on third class cities are put on notice that legislation mentioning third class cities should lead “reasonably inquiring minds” concerned about what third class cities may do, to look “into the body of the act.”

The General Assembly of Pennsylvania has on five occasions, since the adoption of the present Constitution, enacted laws having to do with civil, political and governmental powers exereisable by third class cities: (Act of 1874, P. L. 230; Act of 1889, P. L. 277; Act of 1913; P. L. 568; Act of 1931, P. L. 932; Act of 1951, P. L. 662.)

The first three of these Acts, contained provisions relating to annexation. The title of the Act of 1889 reads: “An Act-.providing for the incorporation and government of. cities of. the third class.” Under the [533]*533authority of this Act, the City of Scranton annexed certain adjoining land. (Lackawanna Township, Harris’s Appeal, 160 Pa. 494). Some citizens living on that land appealed, protesting, inter alia, that the Act of 1889 was unconstitutional because its laconic title said nothing about annexation. This Court, in that case, speaking through Mr. Justice Williams, expounded quite interestingly the principle that annexation is an intrinsic right and duty imposed upon municipal corporations by the very exigencies of social progress and governmental orderliness: Justice Williams pointed out the growth of a city may be rapid: “Buildings may extend beyond its lines, and adjoiidng territory may be laid out by extending the city streets over it, and become undistinguishable from the city proper. It then becomes important for the people residing upon this territory, and for the city itself, that sewers, gas and water mains, police and fire protection, be extended over the district which, though separate in law, is physically a part of the city. The people residing on the territory so situated ask the city to take them in, and the city grants their request by an ordinance passed in the usual manner. This is an act that requires no special authority to sustain it. It is in the line of municipal legislation, needful for the proper government of the city, as its expanding proportions and municipal needs outgrow their original limits. The legislature has taken this view of the subject. Immediately after the adoption of the present constitution, the act of 1874, classifying cities and regulating the government of each of the several classes, was passed. ' The only words in its title chat could cover the exercise of the power to. admit ad. joining territory are the. words, that constitute the title to the act of 1889. Yet the act of 1874 contains provisions authorizing the admission of out-lots, and adjoining territory, into cities with which they are con[534]*534nected physically, and prescribes the mode of procedure to be adopted. It is clear therefore that the legislature did not regard an ordinance admitting adjoining territory into the city as an extraordinary exercise of municipal power that required to be taken notice of in the title of the act of 1874, but as an ordinary exercise of that power, by means of an ordinance, passed and approved in the ordinary way.”

Since the power of annexation is, therefore, a governmental function to be expected in composite legislation dealing with powers of third class cities, it follows that any interested person should be aware that such power would be dealt with in the Acts of 1931 and 1951, which merely reenacted and consolidated the third-class city legislation.

The appellants seek to distinguish the Lackawanna case, supra, on the theory that the Act of 1889 involved no mandatory duties on the township officials, and in support of that proposition they cite Commonwealth ex rel. v. Dale Borough, 272 Pa.

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Lancaster City Annexation Case, 98 A.2d 25, 374 Pa. 529, 1953 Pa. LEXIS 420 (Pa. 1953).

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