Constitutional Limitations Upon Special Legislation Concerning Municipalities

Εξώφυλλο
University of Pennsylvania., 1905 - 64 σελίδες
 

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Σελίδα 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.
Σελίδα 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...
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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 The enactments referring thereto have been modified, superseded, and repealed so often and to such an extent that it is VOL.
Σελίδα 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...
Σελίδα 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...
Σελίδα 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...
Σελίδα 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...

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