To the Honorable, the Senate of Pennsylvania: Gentlemen: I return herewith, without my approval, Senate bill No. 301, entitled "An act authorizing the ascertainment, award, levy, assessment and collection of the costs, damages and expenses of municipal improvements including the opening, widening, straightening, extending, grading, paving, macadamizing, curbing or otherwise improving of streets, lanes, alleys or parts thereof completed or in course of completion, providing for the ascertainment, levy and collection of damages and benefits therefor from property peculiarly benefited where under existing laws or ordinances private property could not be assessed for special benefits and constituting such benefits a lien upon the properties upon which they are assessed and authorizing the completion of such improvements now in progress." Article three, section forty-eight of the Constitution provides "No bill except general appropriation bills shall be passed containing more than one subject, which shall be clearly expressed in its title.” The main purpose of the present bill appears from section one to be to provide that where heretofore municipal corporations have improved streets, lanes or alleys under acts of Assembly which have been declared unconstitutional, "such improvements are made valid and binding." The bill then proceeds to prescribe means by which the benefits conferred by such improvements can be collected from the property owners by the municipalities. It is questionable whether the taking of property by methods which were unconstitutional can thereafter be made valid and binding, at least to the extent directed by this bill, but at all events there is no suggestion in the title of the act as required by the Constitution of this main purpose of the bill. For these reasons the bill is not approved. SAML. W. PENNYPACKER. No. 22. To authorize railroad corporations of this Commonwealth to sell, transfer and convey a part or parts of its railroad, and the franchises, rights, privileges, rights of way and property pertaining to such part or parts, to any other railroad corporation of this Commonwealth, whose railroad connects with such part or parts. Section 1. Be it enacted, &c., That it shall be lawful for any railroad corporation of this Commonwealth, whether created or organized under general or special law, to sell, transfer and convey a part or parts of its railroad, and the franchises, rights, privileges, rights of way and property pertaining to such part or parts, to any other railroad corporation of this Commonwealth, whether created or organized under special or general law, having a railroad connecting with such part or parts. Section 2. Such sale, transfer and conveyance shall be effected apon the conditions and in the manner hereinafter stated, namely: One. The corporations shall, pursuant to resolution duly adopted by the directors of each, make and execute, under their respective corporate seals, duly attested, an agreement providing for such sale, transfer and conveyance, specifying all essential details, terms, stipulations and conditions thereof, with a map of the part or parts of the railroad to be sold, transferred and conveyed thereunto, annexed and made part thereof. Two. Said agreement shall be submitted for approval or disapproval to the stockholders of each corporation, at separate meetings, either annual or special, duly convened; and if such agreement shall be approved by a majority of the stockholders of each corporation, present or represented at such meeting, that fact shall be certified by the secretary of each corporation, under its corporate seal, and a copy of the agreement, with said certificates attached, shall be filed in the office of the Secretary of the Commonwealth; and immediately upon the filing thereof, such part or parts of such railroad, together with all the franchises, rights, privileges, rights of way and property pertaining to such part or parts, shall become the property of the railroad company to which the same shall thus be sold, transferred and conveyed, and shall be held, possessed and used by such railroad corporation, with all the franchises, rights, privileges and powers conferred by, and under and subject to all the restrictions contained in, the general or special law under which said corporation was created or organized. Commonwealth of Pennsylvania, Executive Department, To the Honorable, the Senate of Pennsylvania: Gentlemen: I return herewith, without my approval, Senate bill No. 273, entitled "An act to authorize any railroad corporation of this Commonwealth to sell transfer and convey a part or parts of its railroad and the franchises, rights, privileges, rights of way and property pertaining to such part or parts to any other railroad corporation of this Commonwealth whose railroad connects with such part or parts." The purpose of this bill is to enable any railroad corporation to convey "a part or parts of its railroad" and the franchises to any other railroad "having a railroad connecting with such part or parts." There is no attempt to define what shall constitute a part. There was once a man who was cut into pieces. One piece consisted of a fragment of his finger nail, the other piece was the rest of his body. Article seventeen, section four of the Constitution provides "no railroad, canal or other corporation, or the lessees, purchasers or managers of any railroad or canal corporation shall consolidate the stock, property or franchises of such corporation, with, or lease or purchase the works or franchises of, or in any way control, any other railroad or canal corporation, owning, or having under its control a parallel or competing line." There may be two railroads running into the same town and meeting in the same depot or at some point where they connect. Under these circumstances, they would apparently be competing roads. This bill would permit the purchase of one of them and its franchises by the other, and is, therefore in violation of the prohibition contained in the Constitution. For these reasons the bill is not approved. SAML. W. PENNYPACKER. No. 23. AN ACT To amend section ten of an act, approved the fourth day of June, one thousand nine hundred and one, entitled "An act providing when, how, upon what property, and to what extent, liens shall be allowed for taxes, and for municipal improvements, and for the removal of nuisances; the procedure upon claims filed therefor; the methods for preserving such liens and enforcing payment of such claims; the effect of judicial sales of the properties liened, and the manner of distributing the proceeds of such sales;" making it lawful for municipalities, in addition to, or in lieu of, the remedies therein provided for the collection of claims for water-rates and lighting-rates, to collect the same by means of cutting off the supply of water or light from the premises affected, and to prescribe penalties for failure to promptly pay the same, and confirming existing municipal regulations for such purposes. Section 1. Be it enacted, &c., That section ten of the act, approved the fourth day of June, Anno Domini one thousand nine hundred and one, entitled "An act providing when, how, upon what property, and to what extent, liens shall be allowed for taxes, and for municipal improvements, and for the removal of nuisances; the procedure upon claims filed therefor; the methods for preserving such liens and enforcing payment of such claims; the effect of judicial sales of the properties liened, and the manner of distributing the proceeds of such sales," which provides as follows: "Claims for taxes, water-rates, lighting-rates and sewer rates must be filed in the court of common pleas of the county in which the property is situated, on or before the last day of the second calendar year after that in which the taxes or rates are first payable; and other municipal claims must be filed in said court, within six months from the time the work was done in front of the particular property, where the charge against the property is assessed ur made at the time the work is authorized; within six months after the completion of the improvement, where the assessment is made by the municipality upon all the properties after the completion of the improvement; and within six months after confirmation by the court, where confirmation is required; the certificate of the surveyor, engineer, or other officer supervising the improvement, filed in the proper office, being conclusive of the time of completion thereof, but he being personally liable to any one injured by any false statement therein. A number of years' taxes or rates of different kinds, if payable to the same plaintiff, may be included in one claim. Upon each tax or municipal claim writ of scire facias, in the form hereinafter set forth, must issue within five years from its filing, and verdict must be recovered or judgment entered on the scire facias within five years after it is issued. Final judgment must be entered on the verdict within five years after its recovery. After judgment is entered, it must be revived by writ of scire facias to revive the judgment; or by judgment thereon within each recurring period of five years. If a claim be not filed within the time aforesaid, or if it be not prosecuted in the manner and at the times aforesaid, it shall be wholly lost: Provided, however, If a verdict be recovered before a jury, after trial or judgment be entered on such verdict, the lien thereof shall continue for five years from such recovery or entry, though a new trial be granted or the judgment be reversed on appeal," be and the same is hereby amended so as to read as follows: Section 10. Claims for taxes, water-rates, lighting-rates and sewer rates must be filed in the court of common pleas of the county in which the property is situate, on or before the last day of the second calendar year after that in which the taxes or rates are first payable; and other municipal claims must be filed in said court, within six months from the time the work was done in front of the particular property, where the charge against the property is assessed or made at the time the work is authorized; within six months after the completion of the improvement, where the assessment is made by the municipality upon all the properties after the completion of the improvement; and within six months after the confirmation by the court, where confirmation is required; the certificate of the surveyor, engineer, or other officer supervising the improvement, filed in the proper office, being conclusive of the time of completion thereof, but he being personally liable to any one injured by any false statement therein. A number of years' taxes or rates of different kinds, if payable to the same plantiff, may be included in one claim. Upon each tax or municipal claim a writ of scire facias, in the form hereinafter set forth, must issue within five years from its filing, and verdict must be recovered or judgment entered on the scire facias within five years after it is issued. Final judgment must be entered on the verdict within five years after its recovery. After judgment is entered, it must be revived by writ of scire facias to revive the judgment, or by judgment thereon within each recurring period of five years. If a claim be not filed within the time aforesaid, or if it be not prosecuted in the manner and at the times aforesaid, it shall be wholly lost: Provided, however, If a verdict be recovered before a jury after trial or judgment be entered on such verdict, the lien thereof shall continue for five years from such recovery or entry, though a new trial be granted or the judgment be reversed on appeal: And provided further, That it shall be lawful for any municipality, in addition to or in lieu of the remedies hereinabove provided for the collection of claims for water-rates and lighting-rates, to make and enforce such regulations as may be provided by the proper authorities of said municipalities for the collection of such claims for water-rates and lighting-rates, by cutting off the supply of water or lighting from premises which may have been theretofore supplied with water or lighting, the rates for which are unpaid and in arrears, to fix the time when such supply may be cut off, as aforesaid, and to provide such penalties as may be determined by said municipal authorities for failure to pay the said rates within such time as may be prescribed in accordance with the municipal regulations: Provided, however, That before or after any supply of water or lighting be cut off, the lessee or tenant may, on notice, pay the claim in arrears, with penalties and costs; in which event the receipt of the municipal authorities therefor shall be an accord and satisfaction, to that amount, of any rent due or thereafter to become due by the tenant or lessee to the owner or lessor of said premises. Section 2. Any act or part of act, conflicting herewith is hereby repealed. Commonwealth of Pennsylvania, Executive Department, Harrisburg, April 6, 1903. To the Honorable, the Senate of Pennsylvania: Gentlemen: I return herewith, without my approval, Senate bill No. 162, entitled "An act to amend section ten of an act, approved the fourth day of June, one thousand nine hundred and one, entitled 'An act providing when, how, upon what property and to what extent liens shall be allowed for taxes and for municipal improvements and for the removal of nuisances the procedure upon claims filed therefor, the methods for preserving such liens and enforcing payment of such claims, the effect of judicial sales of the properties liened and the manner of distributing the proceeds of such sales,' making it lawful for municipalities in addition to or in lieu of the remedies therein provided for, the collection of claims for waterrates and lighting-rates, to collect the same by means of cutting off the supply of water or light from the premises affected and to prescribe penalties for failure to promptly pay the same and confirming existing municipal regulations for such purposes." The purpose of the amendment provided for in the present bill is to enable municipalities to collect their water rates and lighting rates by "cutting off the supply of water or lighting from premises which may have been theretofore supplied." If the remedy were confined to cutting off the light from the persons who had incurred the liability there could be no possible objection to it, but there is no such limitation of the power. It is intended to compel a subsequent tenant or the landlord of the premises to pay for light for which he is in no way responsible. While this would be a convenient and easy way for the municipality, it is wrong in principle and ought not to be encouraged. For these reasons the bill is not approved. SAML. W. PENNYPACKER. |