Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-05-22

prsss tiots, gaming and tipping hceles,e 30. They
have the power to impose fines, within certain limit
and they have the appointment OF officers OF ponce
mot the Mayor however, the captain oil the mgnt
watch,~the principal officers who are elected by the
neope and they may define and prescribe the duties OF
theseafcers-but these are public duties OF iegisa
tive nature for the proper discharge OF which the mem
bers are responsible only their political representative
character In this they to be distinguished In their
action from members Of private corporauon'
for "prvste corporations exercising the corPora,e
functions for the benefit Of the members. are laole
TO individuals for omission or misfeasance soi
those functions: otherwise Of public corporations,
Instituted for purposes Of Government unless an action
be given against then by statuen White City Coun.
Gil of Charleston Hit, R. Is. C) ST. Neitdsf Wouio
any delinquency ofuty on the part OF the police IN
preventing suPpressng the riot occasioning the loss
complained Of render the city table, for these officers,
although appointed by the council-and portion
the Mayor and Captain of the night watch, who are not
so appointed-do not bear to the city the relation Oh
agents to principal who is liable for their acts fhe
officers of city quasi civil officers OF the GoVern'
ment although appointed by the corporation. They ae
personally liable for their maeasance or nonieasance
in Office but for neither is the corporation liable
Omissions of duty imposed upon them by law produc
tive Of injury to individual are not corporate In
Jury" "The corporation appoints them TO once Dus
does not in that act, sanction their official misconduct
Prather U.s. city of Lex sup 56S Because the corpora
ton is as to the passages Of ordinances and the appoint
ment of officers a Government, exercising pohtcal
power it il irresponsible for official misconduct oil IT'S
officers, upon the same principle when gen
orally protects Governments and public officers from La
bity for the miseasances and maleasances OF persons
necessarily employed under them IN the public service
Municipal corporations quo dd hoo stand upon the same
foundation with public officers Of counties townships
and other quasi corporations charged with some puDnc
duty or INFESTED with part of the authority OF
Government where the employment Of officers is neces
md lawful y Darpan MayOr OF Mobile, 0lst
Ala. r. (NS.) 400. "a city is no general warranter
against the acts of individuals Its police may be APP
peaed to- for the purpose of preventing injuries but II
such police in judgment, or, II injuries occur be-
cause they are inefficient the discharge Of the powers
with which they are invested the city at large cannot
DC held responsible for acts Of third persons which, un
der more ssgacous and efficient police, might possibly
have been prevented. Howe vs.. New Orleans, 18th
Lou. an: L. 4S2.
AS to the second branch of enquiry, if the position
be well founded the city not liable for proper
~ DESTROYED by rioteTs"t follows logically that the
Council has right to aud pay claims for such
property, unless the power be claimed for it TO donate
the corporate fund 10 objects which may excite the SYM
| patty and compassion for its members But munich
| pal charter being in derogation Of common right, Is
system Of strictly delegated powers. The power Of
making bylaws is unquestionaby an INCIDENT TO the
very existence of corporation, though it is rarely lett
TO implication butt is usually conferred by the express
terms OF the eharter and when the charter enables
/
certain purposes its power Of legislation is limited TO
the cases and objects specified all others being excu
ded by implication. To raise aud appropriate money
is among the powers to be thus exercised but this must
be- done merely to efectuate the object specified N the
CHARTER In our charter these objects are all de-
| e ed-among which is the OF the poor-but as
clas defined and regulated by law, and not embracing
individuals whose may have been more or less
affected by the yicsstudes of life To be sure, III re-
cent amended charter OF the city, the enumeratons u
hNa q.
raj language, descriptive of the Councils authority to
pass bylaws which they shall deem necessary for the
peace comfort convenience, good ORDER good morals,
health safety OF said city, or OF the people or prop
erty thereD;" but then by well established rule OF
construction these general expressions 70 be con.
srued with reference to the restrictive character OF the
instrument, and the subjects embraced by them
| must be germane to the objects and. purposes OF
he powers expressly granted. They cannot mean
that the Council must undertake to perform tor
| the citizen those duties OF imperfect Obligation
such personal charity and compassion for the SUBJ
lects of undeerved misfortune and peounary distress
Gases indeed have occurred in the proceedings OF pub
lie corporations Of expenditures for purposes very alien
the objects Of their institutions and they have passed
unchalenged because they accorded with the feelings
tand sentiments of the tax-payDg community but,
when brought the test of judicial inquiry they have
been condemned. Thus, it has been decided thsS a
town corporation could not appropriate money TO deray
the expenses Of Fourth Of July celebration. AND
where city undertook TO pay the costs oil htgauon
in which it party and legally LIABLE although
1t supposed involve the feelings and wishes OF It's
citizens its drafts for the amount of the costs were held
to be void. HoIstead the Mayor &c, of n. York,
9th Barb. 2ls, affirmed appeal As regards this city,
so interesting as bringing water into the city
by water works. deemed TO require express lie.
gative grant, so the subscription by the city 10 the
Improvement OF James river, by which complete line
of water transportation from the Ohio the ciiy was
designed though Yitay concerning its interests was
held to require similar communication of power to the
corporate body. In fine can perceive ground OF
liability existing the part Of the city in the case sub
mitted nor power TO assume it and answer the whole
| inquiry in the negative. +. 7. DANIEL,
| City Attorney.