COPYRIGHT, 1910

BY

LA SALLE EXTENSION UNIVERSITY

NOV 4 1912

Public corporations: Municipal and quasi-municipal

13356

§ 5. Early municipal corporations in England: Purposes..

6. Same: Incorporation

§ 8. American municipal corporations: Early history

9. Same: Later development

....

§ 10. History of quasi-municipal corporations

§ 11. Same: Local differences in America

§ 12. Same (continued)....

§ 15. Charter of public corporation not a contract.....

§ 16. Same: Rights of legislature distinguished from rights

of creditors

§ 17. Legislative apportionment of debt on division of public

corporations

§ 18. Same: When creditors are injuriously affected...

§ 19. Possible basis of right to local self-government

20. Prevailing view against the right

...

§ 21. Contrary view: Cooley's opinion in Detroit cases..

§ 22. Comment on latter view ...

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15

17

... 18

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21

23

25

27

§ 23. Legislative control of local matters of state importance.. 28

§ 24. Control of private municipal property: Trust property.. 29

28. What is a special legislation? Object of prohibition.... 34

§ 29. Permissible principles of classification

30. Classification according to population..

35

36

§ 31. Classification according to geographical conditions...... 38

32. Other methods of classification

33. Provisions requiring local choice of city officials.

§ 34. What are local officials.....

39

§ 35. Methods of evading provisions for local choice of officials 42

§ 36. What are municipal affairs................

§ 37. Other constitutional provisions intended to secure municipal

home rule

CHAPTER III.

44

46

The Liability of Public Corporations for Torts.

38. Conflicting principles applicable to the problem.

47

39. General non-liability of quasi-municipal corporations..... 49

§ 40. Same: Suggested theories of this ....

50

41. Exceptions to non-liability of quasi-municipal corporations 51

§ 42. Non-liability of municipal corporations: Acts of police

officials

§ 43. Same: Acts of health officials

§ 45. Same: Further comment and illustration....

§ 46. Non-liability for failure to enact ordinances.

§ 47. Same: Suspension of ordinances

§ 51. Non-liability for school and tax officials

§ 52. Liability for streets and highways: Conflicting views. 63

53. Same: Effect of power to control officers ....

54. Same: Distinction between city and country roads

55. Liability for negligent conduct of public work....

§ 56. Same: Effect of deriving revenue therefrom

§ 57. Negligence in management of municipal property....

§ 58. Same: Effect of deriving revenue therefrom...

§ 59. Same: Attempt to create more extended liability

§ 60. Same: Comment and criticism ....

§ 61. Liability for physical invasion of another's property

§ 62. Failure to provide adequate public works

§ 63. Affirmative damage caused by defective public works.... 72

§ 64. Liability of public corporations in tort for ultra vires acts 74

65. Same: Illustrations of non-liability

§ 66. Same: Illustrations of liability

76

77

CHAPTER IV.

§ 67.

§ 68.

§ 69.

The Power of Public Corporations to Make Contracts.

Fundamental rule of construction of municipal powers.... 79

Implied power to contract on credit: For specific purposes 80

Same: For general purposes

81

§ 70.

Implied power to issue negotiable bonds when expressly

authorized to borrow money

82

...

§ 71. Constitutional restrictions on power to incur indebtedness. 84

§ 72. Same (continued)

85

......

....

86

87

§ 73. Rights of holders in due course of negotiable bonds: Reci-

tals

§ 74. Same: Public records

§ 75. Right to recover from a public corporation in quasi-contract 88

§ 26. Recognition of political parties on official ballots

§ 26a. Same: Effect of decisions of party organizations.

27. Nominating petitions.

§ 28. Primary laws ...

§ 29. Open and closed primaries

§ 30. Direct primaries

...106

..107

..108

..109

.109

.111

.112

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.113

.114

115

.115

.116

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118

§ 33.

General grant of executive power does not include appoint-

ment of officers

119