Butler's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Luzerne county: In Equity : No. 261, to January Term 1873. An Act of Assembly was passed April 2d 1872 (Pamph. L. 740) entitled “A supplement to an Act to incorporate the city of Wilkesbarre.”
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Appeal from the decree of the Court of Common Pleas of Luzerne county: In Equity : No. 261, to January Term 1873. An Act of Assembly was passed April 2d 1872 (Pamph. L. 740) entitled “A supplement to an Act to incorporate the city of Wilkesbarre.” By the second section it was enacted, that “ in addition to the corporate powers heretofore granted, the council of said city shall be authorized:— * * * “ 3. To require by ordinance or other general regulation that the owners or lessees of cars, carts, drays, wagons, carriages, omnibuses, coaches, sleighs, sleds, or other vehicles of burden or…
1Opinion of the Court
The opinion of the court was delivered, May 17th 1873, by
Mercur, J.
We cannot review the wisdom or the expediency of legislative enactments. They must violate some prohibition, expressly declared or clearly implied, of the constitution of this state or of the United States, before we can pronounce them to be unconstitutional.
Whatever power of taxation the legislature possesses, it may delegate to a municipal government, to be legitimately exercised within its corporate limits.
The right of the legislature to exempt certain classes of property, as well as classes of persons from taxation, has…
2Cited by15 opinions
- Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
- Commonwealth State Emp. Ret. System v. Dau. Co.Supreme Court of Pennsylvania · 1939
- Jermyn v. FowlerSupreme Court of Pennsylvania · 1898
- Valley Dep. and Tr. Co. of Belle VernonSupreme Court of Pennsylvania · 1933
- Derk v. Zerbe TownshipSupreme Court of Pennsylvania · 1936
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