Rutherford's Case
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter Sessions of Dauphin county: No. 27, to May Term 1872. This proceeding was commenced September 2d 1872, by the petition of William Rutherford, to the Court of Quarter Sessions, under the Act of May 9th 1871 (Pamph. L. 263), entitled “ An act for redraining wet and swampy lands.”
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Certiorari to the Court of Quarter Sessions of Dauphin county: No. 27, to May Term 1872. This proceeding was commenced September 2d 1872, by the petition of William Rutherford, to the Court of Quarter Sessions, under the Act of May 9th 1871 (Pamph. L. 263), entitled “ An act for redraining wet and swampy lands.” The act provides: See. 1. That any contiguous swampy or wet lands belonging to several owners disjointly, which have once been drained and the drain or drains are not property opened and in good condition, shall be redrained under the following regulations. Sec. 2. On the petition of…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
— The Act of 9th May 1871, P. L. 263, cannot be supported as a proper exercise of legislative power. It infringes the right of private property contrary to the true intent and meaning of the 9th article of the Constitution. We have had occasion lately, to discuss the inviolable character of this right, in the case of Washington Avenue, 19 P. F. Smith 352, and will not repeat what wa? then said. It is not competent for the legislature to impose unjust, arbitrary and grossly unequal burthens upon individuals even for a public purpose; and it is…
2Cited by8 opinions
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