Pittsburgh Public Parking Authority Petition

76 A.2d 620, 366 Pa. 10, 1950 Pa. LEXIS 517
CourtSupreme Court of Pennsylvania
DecidedNovember 20, 1950
DocketAppeal, No. 32
StatusPublished
Cited by24 cases

This text of 76 A.2d 620 (Pittsburgh Public Parking Authority Petition) 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
Pittsburgh Public Parking Authority Petition, 76 A.2d 620, 366 Pa. 10, 1950 Pa. LEXIS 517 (Pa. 1950).

Opinion

Opinion by

Mr. Justice Allen M. Stearns,

This is a petition by the Public Parking Authority of Pittsburgh for a declaratory judgment seeking a judicial determination that the Act of 1913, May 1, P. L. [12]*12155, sec. 1, 53 PS 1501, which, requires separate bids be taken for plumbing, heating, ventilating and electrical work, is inapplicable to petitioner. The National Electrical Contractors Association, Western Pennsylvania Chapter, Inc., filed an answer. The parties entered into a stipulation of facts. ■ The court below entered a decree for respondent, ruling that the Act applies to petitioner, the Public Parking Authority. Petitioner appealed.

Petitioner contends: (a) Petitioner is an agency of the Commonwealth and the Act of 1913 does not apply to the Commonwealth or its agencies; (b) Even if the Act of 1913 were applicable to an agency of the Commonwealth, it does not apply to the appellant because the Act of 1913 is inconsistent with the Parking Authority Law and is repealed by it; (c) In any event the garages which the appellant: proposes to build are not public buildings within the meaning of the Act of 1913 so long as the' bonds -of the appellant are outstanding.

The Act of 1913 P. L. 155 provides as follows: “Section 1. Be it enacted, &c., That hereafter in the preparation of specifications for the erection, construction, and alteration of any public building, when the entire cost of such work shall exceed one thousand dollars, it shall be the duty of the architect, engineer, or other person preparing such specifications, to prepare separate specifications for the plumbing, heating, ventilating, and electriqal work; and it shall be the duty of the person or persons authorized to enter into contracts for the erection, construction, or alteration of such public buildings to receive separate bids upon each of the said branches of work, and to award the contract for the same to the lowest responsible bidder for each of said branches. “Section 2. All acts or parts of acts inconsistent herewith are hereby repealed.”

[13]*13The Parking Authority Law of June 5, 1947 P. L. 458, sec. 5, 53 PS 10275, as amended, states that Parking Authorities hereafter created are agencies of the Commonwealth and are not to be deemed instrumen-talities of the city or' engaged in the performance of a municipal function.' Appellant: contends that it is a general rule of law that a statute enacted by the Legislature is not applicable to the Commonwéalth. Hence, it argues that, since agencies of the sovereign are in reality .the sovereign itself, the Act of 1913 does not apply to petitionerJones v. Talham, 20 Pa. 398; Cul-ver v. Commonwealth, 348 Pa. 472, 35 A. 2d 64. But this rule applies only when dealing, with possible derogation of the rights, prerogatives or- property of the Commonwealth. It is true that this rule applies where there is a conflict between the sovereign power of the Commonwealth and the private rights of individuals, or whether the sovereign intended to make itself liable for torts, of its servants, or whether the sovereign intended to pay interest on its obligations. But the present case does not fall within any of. those situations. In this case the Commonwealth’s rights, prerogatives or property are not in question. It is obvious that the Legislature by the Act of 1913 .was setting forth a declaration of public policy. To require separate bids on the various items hereinbefore set forth was in compliance with such declared public policy. In Tragesser v. Cooper ,et. al., 313 Pa. 10, 169 A. 376, this Court stated that the Act is an expression by the Legislature of public policy.- We said in that case concerning a similar statute: “Being a public policy, it must be applied wherever it fits, and is not to be excluded unless the intention to exclucle it is clearly made to appear.” Such a statement applies with equal force to the Act of 1913. It is unrealistic to suppose that the Legislature would pass an act declaring a public policy but intend the Act not to apply to its own agencies. If such were [14]*14the intent it would be required to be set forth clearly and unequivocally. In 59 C. J., Statutes, Sec. 653, p. 1104, it is stated: “. . . the state may have the benefit of general laws, and the general rule has been declared not to apply to statutes made for the public good, . . . and the prevention of injury and wrong.”

It was said in Commonwealth ex rel. Attorney General v. Garrigues, 28 Pa. 9, that: “But it is argued that the Commonwealth is not bound by the statute. It is true that the general rule in England is that the king is not bound by a statute if he be not named in it. But this rule has many exceptions. All statutes made to suppress wrong, to take away fraud, to prevent the decay of religion, to prevent tortious usurpations, or to secure to electors the right to make free election, are excepted out of this rule in England, and bind the king although he be not named: 5 Coke’s Bep. 14 b; Dwarris on Statutes, 27, 28.”

It is for these reasons that we cannot agree with appellant’s first contention herein marked (a).

Nor does the next contention, (b), have merit. Section 18 of the Act of 1947 provides that “All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.” Section 5(b) (10) of the Act provides that Parking Authorities are given all powers necessary or convenient for carrying out their purposes including the power “. . . To make contracts of every name and, nature . . . .” (emphasis supplied) Section 11 (e) provides: “Subject to the foregoing provisions any Authority may, but without intending by this provision to limit any powers of such Authority, enter into and carry out such contracts or establish or comply with such rules and regulations concerning labor and materials and other related matters in connection with any project or portion thereof as the Authority may deem desirable, or as may be requested by any Federal [15]*15agency that may assist in the financing of such project or any part thereof . . . .”

The Act also provides in Section 11 (a) that: “All construction . . . repairs or work of any nature . . . where the entire cost . . . shall exceed $500.00 . . . shall be done only under contract or coütracts to be entered into by the Authority with the lowest responsible bidder, upon proper terms, after due public notice has been given, asking for competitive bids as hereinafter provided.”

Petitioner contends that the terms of the foregoing provisions are repugnant to and therefore necessarily repeal the Act of 1913. We stated in Orlosky, v. Haskell, 304 Pa. 57, 66, 155 A. 112, that “When a postulated departure from a twenty year legislative policy is challenged, it must in order to secure our judicial recognition be supported by something more substantial than mere infelicity of legislative diction.” The Statutory Construction Act (1937, May 28, P. L. 1019, Art. VII, sec. 91, 46 PS 591) reads: “In all other cases, a later law shall not be construed to repeal an earlier law unless the two laws be irreconcilable.” Cf. Commonwealth v. Crowl, 245 Pa. 554, 91 A. 922; Commonwealth v. Curry, 285 Pa. 289, 132 A. 370. Repeal is wholly a question of legislative intent: Commonwealth ex rel. v. Brown, 210 Pa. 29, 36, 59 A. 479; Commonwealth v. Provident Trust Co., 287 Pa. 251, 134 A. 377; Newton Estate, 354 Pa. 146, 47 A. 2d 229; Pipa v. Kemberling et al., 126 Pa. Superior Ct. 289, 191 A. 373.

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76 A.2d 620, 366 Pa. 10, 1950 Pa. LEXIS 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pittsburgh-public-parking-authority-petition-pa-1950.