The Government of American Cities |
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Popular passages
Page 98 - 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 accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable. Any fair, reasonable, substantial doubt concerning the existence of power is...
Page 72 - Municipal corporations owe their origin to, and derive their powers and rights wholly from, the Legislature. It breathes into them the breath of life, without which they cannot exist. As it creates, so it may destroy. If It may destroy, it
Page 22 - Hall, those only who obtained places near the moderator could even hear the discussion. A few busy or interested individuals easily obtained the management of the most important affairs, in an assembly in which the greater number could have neither voice nor hearing. When the subject was not generally exciting, town-meetings were usually composed of the selectmen, the town officers, and thirty or forty inhabitants.
Page 121 - There are two kinds of duties which are imposed upon a municipal corporation : One is of that kind which arises from the grant of a special power, in the exercise of which the municipality is as a legal individual ; the other is of that kind which arises, or is implied, from the use of political rights under the general law, in the exercise of which it is as a sovereign. The former power is private, and is used for private purposes ; the latter is public, and is used for public purposes.
Page 72 - As it creates, so it may destroy. If it may destroy, it may abridge and control. Unless there is some constitutional limitation on the right, the legislature might, by a single act, if we can suppose it capable of so great a folly and so great a wrong, sweep from existence all of the municipal corporations in the State, and the corporation could not prevent it.
Page 94 - The inhabitants of the town of Salem, shall continue to be a body politic and corporate, under the name of the city of Salem, and as such, shall have, exercise and enjoy all the rights, immunities, powers and privileges, and shall be subject to all the duties and obligations, now incumbent upon and appertaining to said town as a municipal corporation.
Page 123 - The authority to enact by-laws is delegated to the city by the sovereign power, and the exercise of the authority gives to such enactments the same force and effect as if they had been passed directly by the legislature. They are public laws of a local and limited operation, designed to secure good order and to provide for the welfare and comfort of the inhabitants. In their enforcement, therefore, police officers act in their public capacity, and not as the agents or servants of the city.
Page 94 - Boston, for all purposes, for which towns are by law incorporated, in this Commonwealth, shall continue to be one body politic, in fact and in name, under the style and denomination of the City of Boston; and as such, shall have, exercise, and enjoy, all the rights, immunities, powers, and privileges, and shall be subject to all the duties and obligations, now incumbent upon, and appertaining to said town, as a municipal corporation.
Page 101 - There is a principle of law that municipal powers are to be strictly interpreted, and it is a just and wise rule. Municipalities are to take nothing from the general sovereignty except what is expressly granted; but when a power is conferred which in its exercise concerns only the municipality, and can wrong or injure no one, there is not the slightest reason for any strict or literal interpretation with a view to narrowing its construction.
Page 305 - We believe that municipal government, as it has been administered in this community for the past twenty years, is a failure. It did not require the storm to bring a realization of this fact, but it brought it home with greater force upon us. We are seeking relief from the municipal destruction and despair staring us in the face. It is a question with us of civic life or death.