The Principles of the Law of Public Corporations |
Contents
| 48 | |
| 54 | |
| 60 | |
| 63 | |
| 70 | |
| 79 | |
| 89 | |
| 95 | |
| 99 | |
| 105 | |
| 111 | |
| 118 | |
| 125 | |
| 130 | |
| 136 | |
| 142 | |
| 148 | |
| 154 | |
| 160 | |
| 166 | |
| 174 | |
| 181 | |
| 188 | |
| 194 | |
| 247 | |
| 254 | |
| 256 | |
| 260 | |
| 263 | |
| 270 | |
| 276 | |
| 281 | |
| 283 | |
| 289 | |
| 293 | |
| 299 | |
| 305 | |
| 311 | |
| 317 | |
| 323 | |
| 329 | |
| 331 | |
| 351 | |
| 361 | |
| 372 | |
| 404 | |
Other editions - View all
Common terms and phrases
32 Minn action Allen appointed assessment authority Bank bonds Boston charter Chicago cited city council Colo Com'rs commissioners common law conferred Conn Const constitutional contract Corp court damages debt Detroit Dillon discretion duty election eminent domain enactment estoppel Evansville exercise Grand Rapids grant held highway imposed indebtedness injuries invalid Iowa issue Jersey City judicial land lative legislative legislature liable license limits Louis mandamus Mass Mayor ment Minneapolis Moines municipal corporation nature negligence Ohio St ordinance Oreg Orleans owner Paul payment person police poration prohibiting public corporation public officer purpose quo warranto reasonable regulate rule School District sewers Smith statute street supra taxation Tenn tion town township ultra vires valid vote York
Popular passages
Page 30 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 242 - ... where it may be gathered from the legislative enactment that the officers of the municipality were invested with power to decide whether the condition precedent...
Page 189 - An unconstitutional act is not a law; it confers no rights ; it imposes no duties ; it affords no protection ; it creates no office ; it is, in legal contemplation, as inoperative as though it had never been passed.
Page 109 - The inquiry in such cases must be, What is the property worth in the market, viewed not merely with reference to the uses to which it is at the time applied, but with reference to the uses to which it is plainly adapted ; that is to say, What is it worth from its availability for valuable uses?
Page 4 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 143 - It is undoubtedly true that there may be cases where one part of a statute may be enforced as constitutional, and another be declared inoperative and void, because unconstitutional; but these are cases where the parts are so distinctly separable that each can stand alone, and where the court is able to see, and to declare, that the intention of the legislature was that the part pronounced valid should be enforcable, even though the other part should fail.
Page 54 - It is a doctrine not to be tolerated in this country, that a municipal corporation, without any general laws either of the city or of the State, within which a given structure can be shown to be a nuisance, can, by its mere declaration that it is one, subject it to removal by any person supposed to be aggrieved, or even by the city itself. This--would place every house, every business, and all the property of the city, at the uncontrolled will of the temporary local authorities.
Page 194 - Where the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing such act shall be deemed a misdemeanor.
Page 32 - And therefore it has long been an established principle in the law of corporations, that they may exercise all the powers within the fair intent and purpose of their creation, which are reasonably proper to give effect to powers expressly granted. In doing this they must (unless restricted in this respect) have a choice of means adapted to ends, and are not to be confined to any one mode of operation.
Page 32 - They can exercise no powers but those which are conferred upon them by the act by which they are constituted, or such as are necessary to the exercise of their corporate powers, the performance of their corporate duties, and the accomplishment of the purposes of their association.