, 1876-12-03

hood will hnve to be content with the worst
feathers, which in any event cannot be worse
looking than the hnts on which they ara
worn.
LONG CONTRACTS BINDING cIrna
The questions involved in the gas case
which has been on hearing for the last few
davs before Judge DRuMMosD, of the United
States Circuit Court, are of great importance
to every municipal corporation in the coun-
try.
The city's side Of the argument, made by
its Law Department, was in substance as fol-
lows, leaving ont the citation of multitude
of authorities and precedents, and freeingit
as much as possible from technical Language:
In the case OF the Mayor OF Nashville ". RAT,
in the 18th WALLACE, p ATS, the Supreme Court
Of the United States says that "A municipal cor
uoration ia d subordinate branch OF the domestic
government Of the state. It is instituted for pub
lie purposes only, and has none OF the peculiar
qualities and characteristics OF trading cofpoa-
ton instituted for purposes OF private gain' except
that Of acting in corporate capacity. 1ts objects,
its responsibilities and its powers are different,
As local. governmental institution 1t e1iata for
the benefit Of the people within its corporate
limits They are invested with public trusts OF 4
governmental and administrative character; they
are the 1ocal governments Of the people. estab~
lished by them as their representatives IN Inc
management and administration Of municipal a.
fairs affecting the peace, good order, and general
we'll being OF the community, as political society
and district, aud invested with power OF taxation
to raise the revenues necessary for those purposes
The idea that they have the incidental power 10
issue IN unlimited amount Of oblisations-so Is TO
be irretrievab1y binding the peoples the out
| growth of modern mfsconception OF fhelr true
object and character" Here It will be perceived
| that 1t is held that-
l. That municipal corporations are merely sud-
ordinate branches of the State, and instituted for
| public purposes only.
| . That they exist for the benefit Of the people
within their corporate limits only.
3, That they are invested with public trusts Of
| governmental and administrative character.
l. That they have not the power to make con-
tracts of such q character as to be irTetr1eSaolJ
binding upon the people.
s. That they have only the power to raise BY tax
| alton such revenues as necessaryto carry oos
| the purposes Of their creation.
| It will be seen in moment that II they are IN
| vested with governmental powers that these pow
efs cannot be bartered away by any Of its agents.
but must be held in reserve, to be exercised agaa
| -, l.. nr,11,n o.31o1niaa ranu{re
anu ~ sa l,e,. ~ ,;sa hv ,aTar;on from the
~ e4t5 n@2 ~ 49, ~ sr,,s ~ money than ID
| peop'v ~, ~, +ha f,;tv government
oet4' -~41 rea;, 80 ~ -5.b+ r. enter Into
A"o ~ 80, t.a;r;,r.1 ~ v;tb !, nrfyate cor.
eon .t.:s. - sha1, hid tho 3nhah,tants t.
| poAA'on ~ -. .oa-a ,x-o,t.- am, NJ money
ta'ee ~, - -.aooas,er srnn1foa than xhat
~ 10y =, ,ro.,h ~ -oov ba worth when the aau,e
ss,,,antaa
| c.H.osa <,x ,,.t.,ca that ,ba f,;tv connc;1 hsd
a.r,na 49, W. ,,han coal ,v.s soo a ton rn.de
uu..n -. ..;.. ~ :nI,r;a"a1 ~ ,r;v,te coroo,,.
,.s1 49, +,a. h.d -aa =, ~ 80 +bst nrice fo,
i ~ ta...,. .aas. 80 th,+ .ftar ner;od Of dya
..aasa .osI shon,d ~, +o e. tcn mnst the people
| ba rorrna,1sd ~ Eaan ~, novinc into the City
1,.essa+v +1a;- ,,onev IN he handed over to con-.
..a~.a-a, ~ ~, - ~. 80 ,nen1;oneds
Tre-S ;nd,.5dro, ~ cornorat;on when tbev enter
| 49,. oo..~.,. ,,;.h x,,n;c;rs1 corr,rstion must
| 0 s ~, -. -a..o.s I'D H. raxtriction
a~s - :, 1nn.;c;ns1 cornoration to en-
upon w. t"aats ,.h,r, -oav nrevant Il from per-
sei nv .S.,s - 49, will. T. Nothing more
iosnlnr -1:-n.:a 40 =, ~ ,-,,c,,1o Witch .yoils
taan Tue -. .s,.:s,.,f ,.,.or +,,av ore aetr-
tne eohtsa.l7 - n" 1:eht no street. Of
"enu'A ~ -. a.a.ta1 xo-,ar called bv aome
e't, - ran anct ,o.rsr h. contracted
ap1sles p. a.r,,p ra1, no r,tv conncil of the
Gs,.. =, a.~ 1,o,-a ccnt-act with sny
~ =. e..ao.s,;,,, h,1 .rh;rh thew wi1l part
49,. ao,,tra, ~ w.. ,o1ce for the next quarter
! Will tAe eoAtAo4 " tA4~ FS'A~S 49, sN
century :. n., lucy San, . nower that It
oaes a"a' An3 ss.,.ss.a .,a-- 70 Ia nm some odd