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311880
COPYRIGHT, 1910
BY
LA SALLE EXTENSION UNIVERSITY
CONTENTS
MUNICIPAL CORPORATIONS.
CHAPTER I.
Public Corporations in General.
§ 1. The conception of a corporation
§ 2.
Its legal separateness from its members.
3. Private and public corporations
§ 4. Public corporations: Municipal and quasi-municipal
5. Early municipal corporations in England: Purposes..
6. Same: Incorporation
§ 7. Same: Powers
§ 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).
CHAPTER II.
Legislative Control Over Public Corporations.
SECTION 1.
General Relation to Legislature.
§ 13. Consent of inhabitants
1
3
5
......
6
7
8
9
11
12
14
14. Same: Constitutional provisions
15
§ 15. Charter of public corporation not a contract.
17
§ 16. Same: Rights of legislature distinguished from rights
of creditors ...
18
§ 17. Legislative apportionment of debt on division of public
corporations
19
§ 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
§ 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
35
...
33. Provisions requiring local choice of city officials..
30. Classification according to population....
§ 31. Classification according to geographical conditions.
32. Other methods of classification
§ 34. What are local officials......
36
38
39
40
41
§ 36.
35. Methods of evading provisions for local choice of officials 42
What are municipal affairs.......
44
46
§ 37. Other constitutional provisions intended to secure municipal
home rule
CHAPTER III.
The Liability of Public Corporations for Torts.
§ 38. Conflicting principles applicable to the problem
§ 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:
§ 46. Non-liability for failure to enact ordinances..
§ 47. Same: Suspension of ordinances.
§ 48. Same: Failure to enforce ordinances
§ 49. Licensing a nuisance
§ 50. Same: Criticism of rule
§ 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
64
65
66
67
§ 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
....
69
70
71
§ 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
§ 73. Rights of holders in due course of negotiable bonds: Reci-
§ 75. Right to recover from a public corporation in quasi-contract 88
§ 26a. Same: Effect of decisions of party organizations.
.113
§ 27. Nominating petitions
.114
cos cas
SECTION 2.
Appointment.
32. Where the appointing power lies.
33. General grant of executive power does not include appoint-
.118