Constitutional Limitations Upon Special Legislation Concerning MunicipalitiesUniversity of Pennsylvania., 1905 - 64 pages |
Common terms and phrases
43 Ohio 54 Ohio act affecting adopted amendment apply Article Assembly authority cities and villages city council City of Cincinnati class cities classification of cities Columbus committee Commonwealth confer corporate power constitution of California Constitutional Limitations constitutional provision counties court declared created Dakota Debates Ohio Convention debts decision delegate differences in population doctrine of classification duty election enacted evil grade grant Hoadly home rule incorporated villages infra inhabitants invalid judicial last federal census lative lature legis legislative control legislature municipal affairs municipal board municipal corporations municipal government municipal officers necessity number of classes Ohio ex rel operation passed Pennsylvania Philadelphia police porate principle private corporations prohibiting special public or governmental Pugh purposes regulation relating second class South Dakota special act conferring special laws special legislation special municipal legislation stare decisis statute street supra Supreme Court taxes tion Toledo towns unconstitutional Wyoming
Popular passages
Page 6 - 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 19 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 14 - The general assembly shall not delegate to any special commission, private corporation or association, any power to make, supervise, or interfere with any municipal improvement, money, property, or effects, whether held in trust or otherwise, or to levy taxes, or perform any municipal function whatever.
Page 57 - STERRETT declared that the underlying principle of all the cases is, " that classification, with the view of legislation for either class separately, is essentially unconstitutional, unless a necessity therefor exists, a necessity springing from manifest peculiarities clearly distinguishing those of one class from each of the other classes, and imperatively demanding legislation for each class, separately, that would be useless and detrimental to the others.
Page 20 - The number of such classes shall not exceed four, and the powers of each class shall be defined by general laws, so that all municipal corporations of the same class shall possess the same powers and be subject to the same restrictions.
Page 8 - It is scarcely safe for any one to speak confidently on the exact condition of the law in respect to public improvements in the cities of New York and Brooklyn. The enactments referring thereto have been modified, superseded, and repealed so often and to such an extent that it is VOL.
Page 16 - Any city containing a population of more than three thousand five hundred inhabitants may frame a charter for its own government, consistent with and subject to the Constitution and laws of this State...
Page 8 - Cities were compelled by legislation to buy lands for parks and places because the owners wished to sell them ; compelled to grade, pave, and sewer streets without inhabitants, and for no other purpose than to award corrupt contracts for the work. Cities were compelled to purchase, at the public expense, and at extravagant prices, the property necessary for streets and avenues, useless for any other purpose than to make a market for the adjoining property thus improved. Laws were enacted abolishing...
Page 55 - L. 29), it was provided, inter alia, "that in all counties of this Commonwealth where there is a population of more than sixty thousand inhabitants, and in which there shall be any city incorporated at the time of the passage of this act with a population exceeding eight thousand inhabitants, situate at a distance from the county seat of more than twenty-seven miles by the usually travelled public road...
Page 46 - ... municipal improvement, money, property, or effects, whether held in trust or otherwise, or to levy taxes or assessments, or perform any municipal functions whatever."5 ... - "The general assembly shall not delegate to any special commission, private corporation or association...