Municipal Home Rule: A Study in Administration

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Macmillan and Company, 1895 - 283 pages

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Page 38 - 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.
Page 97 - Laws relating to the property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class.
Page 45 - 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 necessary 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 86 - Each county, town, city, and incorporated village, shall make provision for the support of its own officers, subject to such restrictions and regulations as the legislature may prescribe.
Page 46 - 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. Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the corporation, and the power is denied.
Page 38 - 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. He may withdraw his grant by discontinuing the use, but so long as he maintains the use, he must submit to the control.
Page 69 - Classification does not depend upon numbers. The first man, Adam, was as distinctly a class when the breath of life was breathed into him as at any subsequent period. The word is used not to designate numbers, but a rank or order of persons or things...
Page 134 - Legislature as a convenient mode of exercising a function of government but this does not render them liable for their unlawful or negligent acts. The detection and arrest of offenders, the preservation of the public peace, the enforcement of the laws and other similar powers and duties with which police officers and constables are entrusted are derived from the law, and not from the city or town under which they hold their appointment.
Page 38 - This brings us to inquire as to the principles upon which this power of regulation rests, in order that we may determine what is within and what without its operative effect. Looking, then, to the common law$ from whence came the right which the constitution protects, we find that, when private property is " affected with a public interest, it ceases to be juris privati only.

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