Abbildungen der Seite



(The numbers refer to the numbered sections in the text.) 1. Define a municipal corporation and distinguish it from (1)

a county, (2) a township, (3) a town. 2. Which ones of its essential elements seem to you to be

more corporate, and which ones more municipal ? 3. What is the mode and method of creating a municipal

corporation in the United States ? 4-5. What kind of bodies have power to create municipalities?

Name those having such power. 6. (a) Who must take formal action in our country in order

to set up and establish an actual municipal corporation performing the functions of such an organization? (b) How does a legislature exercise its authority in creating a

corporation ? 7. Define a general charter, and describe the creation of a

municipality under it. 8. What is a constitutional provision, and what provisions of

this kind are generally found in the United States for

municipal corporations! 9. Suppose a constitution requires a popular vote to authorize

municipal incorporation, but a town organizes and operates a corporation without such election. Are its corporate acts

valid? 10. In America may a municipal corporation have lawful exis

tence without express legislative authority, plainly and positively directing and warranting its organization and

operation ? 11. (a) Suppose the residents of Podunk, for which a special

municipal charter has just been granted, refuse to act under it. Is Podunk in that case a municipal corporation ? (b) Suppose that later one-tenth of the voters actually organize a corporate government under said charter, against the protest of the other nine-tenths. What then is

the status of Podunk? 12. What is the method of testing the validity of a municipal

corporation ? 13. What alterations may be made in a municipality? Who

may make them, and how! 14. May a municipality be cut in twain, and formed into two

separate corporations ? What becomes of the corporate

property? 15. (a) May two distinct and separate contiguous municipali

ties without their consent be merged or consolidated into one corporation! (b) Do you know or have you heard

of such action being taken anywhere! 16. What limitation is there or can there be upon the power

of a legislature to create, alter, amend or destroy a munici

pality? Give reasons. 17. (a) How is the life of a municipal corporation lawfully

ended? (b) Suppose that for five years not a single corporate act is done. What is then its status! (c) May resident citizens then revive the corporation without legislative

action? 18. Describe a special charter and a general charter and note

the difference between them. 19. What were the form and nature of the royal municipal

charter of England in the XVI century! 20. (a) Wherein did this differ from the standard American

charter of the XX century? (b) State some of the gen

eral provisions of the latter. 21. (a) What is the meaning of the phrase "general welfare

clause'' in a municipal charter? (b) What special powers have the courts declared were embraced within this phrase, general welfare clause?” (c) What particular powers have the courts refused to sustain under this clause? (d) Name and define the two great classes under which all

municipal powers are classified. 22. (a) Under modern rules, what persons are considered to

be members of a municipality ? (b) May a municipal corporation exercise police power beyond its own corporate

limits! 23. Is it essential to the validity of a municipal charter that

the people within its territory shall accept it? Give the

reason. 24. (a) Podunk exists under a special municipal charter. Must

she produce her charter in court when she sues? Why?

(b) Is the rule the same under a general charter? Why? 25. How is a municipal charter obtained under general law?

Describe the process. 26. Name and define the various classes of municipal powers. 27. (a) Are the words “incorporate," "establish,” “

found,” "erect," "create," or any of them essential in a municipal

charter! (b) What form of words is sufficient? 28. Without process or notice of any kind a legislature repeals

the act creating Podunk a municipality. What is the effect ? 29. If a statute is enacted closing the public schools and con

verting the municipal school house into barracks for militia,

is it a valid law?' Why? 30. (a) By a certain act the Podunk police are removed in a

body and other persons appointed in their stead. What is the effect? (b) In the same act the commissioners operating the Podunk trolley cars are also removed and persons named to succeed them. What do you say of this act?

Why? 31. Again suppose you are municipal treasurer of Podunk, pay it. The legislature thereupon levies a direct tax on your town for $10,000, and appropriates it to this claim.

and are by statute directed to pay all corporation money collected by you to the county treasurer, or the state

treasurer. What will you do? 32-33. Podunk's franchise to build and operate water works is

repealed. What is the effect? Suppose (a) no work has

been done, (b) the water system is in full operation. 34. (a) Podunk obtained a bond loan of $50,000 on a promise

expressed on the face of the bonds that no more bonds should be issued by it until these were paid; before payment preparations are made to duplicate this loan. As one of the bondholders, what may you do to protect your loan? (b) There is a disputed claim against your town for $10,000 for a cranky, unreliable fire engine. On a fair municipal election your people vote, ten to one, not to in a license state? 47. What procedure may be used to enforce an ordinance ? 48. Define distinctively an officer, an agent, and an employee

What will you do about it? Why? 35. May the legislature convert a city hall into a county court

house? or a market house into a state asylum ? 36-37. May the state levy a tax to compel a city to pay the ex

pense of changing her macadam streets into asphalt avenues? Give a summary of the correct trust doctrine of the

relation of state and city to municipal property. 38. What is a corporate meeting, how is it assembled and how

conducted ? 39. What difference, if any, is there between the functions of a

mayor and those of a councilman or alderman ? 40. (a) Of what practical utility are the minutes of corporate

meetings? (b) For what purposes may they be used ! (c)

And for whom? 41. Distinguish between a "by-law," a "resolution" and an

"ordinance." 42. How are ordinances enacted and given effect as laws ? 43. What are the essential qualities of a valid ordinance ? 44. What have you to say of an ordinance forbidding anyone

to erect and use a steam engine within corporate limits

without a permit from the mayor ? 45. Is an ordinance valid which requires certain persons by

name to construct local improvements on the streets in

front of their lots? 46. (a) What say you of an ordinance assigning a different

license rate to residents and non-residents for the same privilege? (b) One forbidding the renting of private property to lewd women? (c) One forbidding cattle running at large? (d) When one defends against an ordinance because it is unreasonable, and he is enjoying his constitutional right to a jury trial, who decides the case, the judge or the jury? (e) What unusual ordinances have been declared not unreasonable? Mention at least four. (f) What power over tippling has a municipal corporation 49. What municipal officers belong to the governmental class,

in a municipality.

and what to the municipal? 50. (a) If asked whether your neighbor Jones is eligible to a

municipal office, say alderman, what will you read to enable you to answer? (b) How would you learn how he is

chosen, and what are his duties? 51. Mayor Jones dies and his son, without election, assumes

the office, and performs its functions unquestioned till the

term expires. Is he mayor de facto? 52. Dobbs was inducted into the office of chief of police, at a

salary of $1,200. When the new fire engine came he was required as such chief to perform the duties of fire-chief also. When denied additional pay he sued for it. Decide

the case. 53. (a) May the title of any municipal officer, actually serving,

be challenged, and tested indirectly? Why? (b) May a municipal officer resign merely because he is piqued or dissatisfied? (c) And what results if his resignation is not

accepted ? 54. What authority have the state courts over purely municipal

officers ? 55. Are any municipal officers subject to removal? If so, what

officers ? By whom? 56. Is an officer personally liable on a municipal contract made

by him as a municipal agent? 57. (a) Is he personally liable in a civil action for any tort

committed in his official capacity? If so, when and why! (b) For what, if anything, is a municipal officer bound to

reimburse the corporation ? 58. Wherein do municipal contracts differ, if at all, from the

contracts of private corporations or persons, in the rules that govern their making, performance and breach, and the

consequences thereof? 59. (a) Define "ultra vires" and apply it with reference to the

contracts of municipal corporations. (b) Give three illustrations of contracts by municipalities which the courts have declared void because ultra vires. (c) Suppose a municipality after actually making a contract beyond its lawful power, deliberately ratifies it and takes benefit under it. Does that estop the corporation from pleading

« ZurückWeiter »