Seabolt v. Commissioners of Northumberland County
Supreme Court of Pennsylvania
Appeal, No. 169, Jan. T., 1898, by defendants, from order of C. P. Northumberland Co., Sept. T., 1897, No. 16, dismissing petition for mandamus. Petition for mandamus. The facts appear by the opinion of the court below, Savidge, P. J., which was as follows: This is a rule for a mandamus on the commissioners of Northumberland county to require them to build, jointly with the. commissioners of Union county, abridge across the West Branch of the Susquehanna river at Lewisburg.
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Appeal, No. 169, Jan. T., 1898, by defendants, from order of C. P. Northumberland Co., Sept. T., 1897, No. 16, dismissing petition for mandamus. Petition for mandamus. The facts appear by the opinion of the court below, Savidge, P. J., which was as follows: This is a rule for a mandamus on the commissioners of Northumberland county to require them to build, jointly with the. commissioners of Union county, abridge across the West Branch of the Susquehanna river at Lewisburg. The river at this point forms the boundary line between the two counties, and the proceeding is under the Act of May 6,…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The learned judge below held that the act of 1897 was unconstitutional because it was special legislation, and because it contained a subject not clearly expressed in the title.
Legislation is not necessarily unconstitutional because it is special or local. On the contrary legislative authority inherently includes power to pass laws for special or local needs, and this principle is recognized in section 8 of article III. of the constitution which provides that “ no local or special bill shall be passed unless notice of the intention to apply therefor shall have…
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