Page:The New International Encyclopædia 1st ed. v. 14.djvu/155

* MUNICIPALITY. 123 MUNICIPALITY. debts and impose taxes, etc. General laws of niunieipal iiu'iirpoiatiun usually start by abolish- ing all special charters existing and establishing general regulations lor the incorporation, govern- ment, and regulation of municipal corporations tlirougliout the State. Freqnently such laws chissify the towns to be incorporated as regards their importance into cities of first or second grade, towns, and villages. To become operative, the charter granted by the I^egislaturc must be accepted by the body of citizens to be incor- porated. When established the municipal corporation is, in the absence of constitutional provisions to the contrary, completely subject to the power of the Legislature; thus it has been held that the latter may repeal cliaiter provisions, allowing the li- censing of lifpKJr dealers, and even such as relate to police regulations. In other words, a numi- cipal charter is not a contract, and may always be altered or revoked, with the important excep- tion that the rights of existing creditors nnist not be disregarded. The Legislature has general control over public property; thus it may authorize a railroad to occupy streets of a city without its consent and withovit payment therefor. T.ut the courts are beginning to hold that the nuuiicipalities may also own private property which is not directly devoted to governmental (imposes, and which is no more subject to control of the Legislature than the property of private individuals. Svich are wharves, cemeteries, ferries, libraries, parks, hos- pitals, etc. The Legislature cannot deprive the municipality of property of this kind, or direct that it shall be a|)plied to other purposes, as. for example, that land used for a city reservoir shall be converted into a public park. The power of the municipality to alienate its public property ■without legislative authorization has generally been denied by Ihe courts, although the right to dispose of private property as it sees fit has been readily conceded. It is also a general rule that the public property of a municipal corporation is not subject to execution in satisfaction of a judg- ment. No exact form of words is necessary to give force to the charter, and the corporation may even be created by implication, as where powers and privileges are conferred upon the in- habitants of a locality which cannot be enjoyed or exercised without acting in a corporate capa- city. The powers which may be exercised by a nui- nicipality are such as are expressly granted in the charter, such as may be fairly implied there- from, and such as are essential to the declared objects and ])urposes of the corporation — not sim- ply convenient, but indispensable. Any fair or reasonable doubt concerning the existence of a power dainu'd is resolved by the courts against the corporation. That is to say, the rule of strict construction applies. In some of the re- cent decisions, however, there is evidence of a tendency to depart somewhat from this rule in the direction of conceding to municipal corpora- tions wider powers, especially as regards the management of public utilities. Thus it has been held that a municipality which has the right to establish an electric light plant for lighting the streets may without an express grant from the Legislature distribute lights to private families. Where the city is given discretionary power ui)on any subject it is not for the courts to say Vol. XIV.— 9. whether such discretion has been wisely used or not, unless fraud is shown or the discretion is being manifestly abused to the oppression of the citizen. Thus, if it have power to open new streets or grade old ones when necessary for the welfare of the city, the question of necessity is one for the determination of its own authorities. But when a muniei])al corporation is empowered to take certain action for others, and it is bene- ficial for them to have it done, the law requires that it should be done, although the language is merely permissive in form. .Vniong the principal powers usually conferred upon nuniicipal cor- porations may be mentioned the right to acquire and hold such property as may be necessary to the pro])er exercise of other ])owers granted, the right of taxation and of eminent domain, the ap- pointment or election of ollicers, the maintenance of local courts, the enactment of ordinances, and the maintenance of actions in the courts. Many special powers are given, such as relate to the incurring of loans, special assessments, licenses, police regulations, wharves, ferries, entertain- ment of guests, etc. It is a general rule of con- struction that the legislative power conferred upon municipal corporations cannot be delegated to other authorities, nor can they divest them- selves of it in any manner whatever. The power to act for the general welfare of the city is usu- ally granted, in addition to other powers ex- pressly enumerated. Under this grant it is generally held that nuuiicipal corporations may pass such ordinances not inconsistent with other provisions of the charter or the laws of the State as may be expedient in maintaining the peace, good order, safety, and welfare of the commiuiity. Thus they may enact ordinances to jn-ovide for a proper observance of the Sabbath, for the closing of saloons at night, for restrain- ing domestic animals from running at large on the streets, for the suppression of vagrancy, for the prevention of cruelty to animals, etc. But the 'general welfare' grant does not authorize the municipality to levy taxes of any kind. As a result of their contractual powers, however, municipalities may incur debts, provided they are to be paid out of the ordinary income of the city for the current year. The better opinion seems to be that in the absence of a specific grant municipalities may borrow money where it is necessary to the successful existence of the cor- poration, or where its non-exercise would render inoperative and incomplete privileges granted. Where the Legislature imposes a duty on muni- cipal corporations which necessarily involves large expenditures the power to borrow may be deduced. It has been held that where the city bad express power to establish meat markets, a fire department, or a liquor dispensary, the power to borrow could be implied as a neeessarv means for carrying out these undertakings. It may be laid down as a rule, however, that muni- cipal corporations have no general borrowing power or jjower to issue negotiaI)le paper in evi- dence of debts without legislative authorization. The constitutions of nuuiy States contain pro- visions limiting the anuiunt of indebtedness which nuuiicipal corporations may incur. The prohiI)ition is usually construed to apply to in- debtedness of all forms. It is. however, held by some courts that contracts for meeting the ordi- nary expenses of the municipality and in antici- pation of receipts do not create an indebtedness