Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1878-08-17
THE MINING JOURNAL.
j. 3. ODER, EDITOR.
FROsTBURG, MD, AUG. II, 1878.

THE POWERS, DUTIES AND OBLI-
CATIONS OF MUNICIPAL CORPORA
TIoNs-It is a matter of doubt
whether many good people understand
precisely the object Of municipal cor
porations. We are, of course, think
ing Of the COW question, but not alto
gether so--in TACT only so far as it
forms guide 10 what might be done
in other respects under similar speci-
GUS pretenses.
These corporations constitute an
important and highly necessary part
OF the body polite of every govern
ment. The same necessity which
forced mankind to adopt jorms OF
general government and submit to its
dominion, has, in its turn, forced the
general governments to create NUM-
cipalities, whereby the local affairs of
each community may be controlled
by an ever-present local authority,
not burdened with the higher duties
Of general government, nor hampered
with the forms and delays which
necessarily precede the action Of more
remote and extensive powers. In
general sense it may be said to be the
mission of municipal governments to
protect the rights Of the citizen from
such petty annoyances as are likely to
escape the notice Of higher authori-
ties, and which require immediate
and efficient action. In legal phrase
ology the powers Of this nature dele
gated to the corporation are termed
"polce powers" and the meaning Of
this term has become very comprehen-
sive, being usually held to embrace
all powers granted to corporation
designed for the protection Of the
persons, property, health and comfort
of the people.
All powers possessed by a munich
pal body are the direct result Of legis-
lative enactment. Its whole existence
and vitality are derived from the
grant of the State as expressed in it,
charter. The power" md "duties
OF these bodies are correlatiye terms
as every grant Of power to do an act
for the benefit Of its citizens creates
an "obligation' to do such act. There
is no option III the corporation as tt
whether it VII take advantage Of The
powers delegated to it by the legisla-
ture. This doctrine was conclusively
settled in Maryland in the case o.
Marriott rs The Mayor md City
Council Of Baltimore, which was car
ried to the Court of Appeals and de
cided in 1856. In this case the plain
tiff was injured by falling upon al
accumulation of ice on one of the
streets of Baltimore city. The Conr'
held that the ice was Nuisance and
that as the charter of the city confer
red on it the power to "prevent and ~
more 2aatiSancns, it was liable to al
;ction for damages for the injury oc,
cs stoned. The Court of Appeals il
oninion in this case used this Ian.
rage:
70 IS a well settled principle that when
s.etute conters power upon corpora,
on to be exercised for the public good, TIE
o.ercise Of the power is not merely discrc-
tlonaIy, bu, Imperative, and the words.
''powcr and authority in such case may
be construed "dtty and obIipHion."
In the later case Of Duckett Is.
The County Commissioners Of Anne
Arundel County, the Court Of Appeals
re-atiirned This doctrine and held the
County Commissioners liable for the
non-repair of public roads, whereby
an injury occurred to the }laintiH.
These cases are followed by a line of
more recent decisions Of the same
Court, all Of which conclusiyely eatab-
lish the law Of this State to be that
municipal corporation, having pow
er to remove nuisancos, and falling to
do SO, is liable to an action if any one
IS injured by such failure. The pow
er Of the Legislature to Impose l:utics
and Obligations on municipal corpora
tons is equally Well settled and is
now beyond dispute. Such corpora
tons are purely the creatures of legis-
latiye enactment; their rights and
powers are always subject 10 the
control of the l@w-lnakins power Of
the State, and may be increased,
changed, modified OF repealed at It's