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202 Pa. 586

Keller v. Scranton

Supreme Court of Pennsylvania

Decided May 19, 1902

Supreme Court of Pennsylvania · decided 1902-05-19

Appeal, No. 365, Jan. T., 1901, by defendants, from decree of C. P. Lackawanna Co., Jan. T., 1901, No. 1, on bill in equity in case of Luther Keller v. City of Scranton, the Lackawanna Railway Company and the Scranton Railway Company. Bill in equity for an injunction.

Key passage — most relied on by later courts

““Where the debt of a municipality is more than 2 per cent, of the assessed value of taxable property therein, and it appears that a part of the debt had been duly authorized by a vote of the electors, such part may be deducted from the gross amount, and the remainder, if under 2 per cent, of the assessed value, may be increased to 2 per cent, without special authorization by the electors.””

quoted by 1 later decision, including Chostkov v. City of Pittsburgh

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1902-05-19

How this case has been cited

Cited by 5 later decisions — most recently April 1927

2 district · 1 state decisions

20190219101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion by

Mr. Justice Mitchell,

¶2The general scheme of the constitution with regard to the *588amount of municipal indebtedness is clear. Section 8 of article 9 divides such indebtedness into three classes considered with reference to amount, first, debt exceeding seven per cent of the assessed value of taxable property, which is absolutely prohibited, except as to cities whose debt exceeded seven per cent at the time of the adoption of the constitution; second, new debt or increase of indebtedness by the municipal authorities, which is permitted to the extent of two per cent of assessed value; and third, new debt or increase of indebtedness exceeding two per cent but less than seven per cent of assessed value, which is permitted with the assent of the electors at a public election.

¶3The words of the section with which we are directly concerned are, “ Nor shall any municipality or district incur any new debt or increase its indebtedness to an amount exceeding two per centum upon such assessed valuation of property without the assent of the electors thereof.” This though a limitation on the power of creating debt is also a recognition of its existence. The power to raise and spend money for public purposes is a necessary attribute of all governments, and in our system has always been exercised by the legislative branch of municipalities under such regulations as the legislature of the state has prescribed. The constitutional provision puts a limit on the power, and on the legislature’s authority to confer it, but at the same time is a recognition of the power as exercised by the municipalities. Hitherto it had been without limit not only as to amount of expenditure but also as to time and mode of payment; it is still without limit as to amount of expenditure, if paid or means of payment provided at the time, but beyond two per cent of assessed value, it cannot be authorized as a debt for the future without the assent of the electors obtained at a public election. The result of the provision is that the municipal authorities, charged with the raising and spending of public money incident to the current expenses of the government, still have the same power they have always hitherto had as to the creation of public debt up to the two per cent limit, and the same power to the further limit of seven per cent if authorized by a vote of the electors. The immediate necessity for money in the administration of the municipality’s affairs may vary from day to day and the mode of. meeting it was not *589intended to be taken out of the discretion of the ordinary municipal authorities, up to the prescribed limit, fixed as sufficient to provide for ordinary requirements. But when an extraordinary occasion or demand arises, requiring more than two per cent, then the assent of the voters must be obtained, and it will be sufficient up to the prescribed limit of seven per cent. The order in which these two powers may be exercised is not prescribed, and is not material. What the section is concerned with is the amount of the indebtedness of each class, not the order in which it is incurred.

¶4It was found as a fact by the learned judge below, that at the time the ordinance in question was passed, the debt of the city was more than two per cent of the assessed value of taxable property therein, but that part of the debt had been duly authorized by a vote of the electors, and if this were deducted from the gross amount the remainder, created by the councils without special authorization by the electors, might be increased by the estimated debt to be incurred under the ordinance, without reaching the two per cent limit. Under such circumstances the debt was within the authority of councils and the ordinance valid.

¶5The decree is reversed and bill directed to be dismissed with costs.

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